Texas  Library  and  Historical  Commission 
THE  STATE  LIBRARY 


JOURNAL  OF  THE  SECESSION 
CONVENTION  OF  TEXAS 

1861 


EDITED  FROM  THE  ORIGINAL  IN  THE 
DEPARTMENT  OF  STATE  BY  ERNEST 
WILLIAM  WINKLER,  STATE  LIBRARIAN 


AUSTIN    PRINTING  COMPANY 
1912 


510-622-in 

Texas  Library  and  Historical  Commission 
THE  STATE  LIBRARY 


JOURNAL  OF  THE  SECESSION 
CONVENTION  OF  TEXAS 

1861 


EDITED  FROM  THE  OKIGINAL  IN  THE 
DEPARTMENT  OF  STATE  BY  ERNEST 
WILLIAM  WINKLER,  STATE  LIBRARIAN 


AUSTIN    PRINTING  COMPANY 
1912 


^'p 


CONTENTS 

Page. 
Prefatory  note 5 

Signs  and  abbreviations 6 

Chronology    7 

Journal  of  the  Secession  Convention : 

.    Preface    9-14 

Journal  of  the  First  Session,  Jan. 28 — Feb.  4 15-85 

Journal  of  the  Adjourned  Session,  March  2-25 86-251 

Appendixes : 

I.     Address  to  the  people  of  Texas 252-621 

II.     Eeports  of  the  Committee  on  Public  Safety : 

Nos.  1  and  8.    On  the  acts  of  the  commissioners 

to  San  Antonio 262-308,  396-398 

No.  2.     On  the  mission  to  Louisiana  to  procure 

arms 308-315 

Nos.  3  and  4.  On  the  acts  of  the  commissioner 
to  procure  funds  and  on  the  Rio  Grande  expe- 
dition   316-364,  400-403 

Nos.  5  and  7.  On  the  acts  of  the  committee  dur- 
ing its  visit  to  Galveston 364,365,  389-396 

No.  6.     On  the  acts  of  the  commissioner  to  the 

northwest  frontier 366-389 

No.  9.     Of  the  committee  appointed  to  confer 

with  Governor  Houston 398-400 

III.  List  of  the  delegates 405-408 

IV.  Certificates  of  election 409-452 

Index    453-469 

Errata 470 


Ji45235 


PREFATORY  NOTE 

The  fiftieth  anniversary  of  the  secession  of  Texas,  March  2,  1911, 
was  not  marked  by  general  public  observance.  The  thirty-second 
legislature  was  in  session  at  the  time  in  the  City  of  Austin  as  the 
eighth  legislature  had  been  in  session  in  that  city  about  the  same 
time  (January  21-February  9  and  March  18-April  9)  in  1861.  The 
thirty-second  legislature  made  an  appropriation,  the  first  of  its  kind 
in  the  history  of  Texas,  for  the  publication  of  a  volume  of  historical 
archives.  The  Library  and  Historical  Commission  considered  it 
appropriate  to  select  for  the  subject  matter  of  this  initial  volume 
the  Journal  of  the  Secession  Convention  of  Texas.  This  Journal 
appeared  in  the  newspapers  at  the  time  the  Convention  was  in 
session,  but  on  account  of  an  empty  treasury  it  was  not  printed  in 
book  form.  In  importance  the  Secession  Convention  ranks  with  the 
convention  that  declared  the  independence  of  Texas.  Its  acts  and 
proceedings  have  hitherto  been  almost  inaccessible  to  the  reader. 

The  Journal  as  recorded  by  the  secretary  of  the  Convention  has 
been  carefully  followed.  In  some  instances,  where  the  secretary 
did  not  record  ordinances  submitted,  the  original  drafts,  and  in 
y  few  cases  printed  copies,  were  found  and  regarded  of  sufficient 
importance  to  be  inserted.  A  few  reports  of  committees  and  some 
communications  to  the  Convention  have  likewise  been  inserted  in 
the  Journal.  In  every  case  such  additions  and  their  source  have 
been  indicated.  Wherever  the  original  has  been  available  it  has 
been  followed  verbatim  et  literatim.  However,  in  the  case  of  the 
Journal  and  of  documents  for  which  the  originals  were  not  at  hand 
the  editor  disregarded  peculiarities  of  spelling,  capitalization  and 
punctuation.  The  signatures  to  the  ordinance  of  secession  are  re- 
produced after  a  photograph  made  from  the  original  parchment.  The 
photograph,  however,  had  to  be  retouched  to  produce  an  engraving 
that  would  give  a  clear  impression. 

State  Library,  Austin. 
December  1,  1912. 


ABBREVIATIONS 

A  list  of  abbreviations  used  in  this  volume : 

MS.  Manuscript. 

A.  D.  Autograph  document. 

A.  D.  S.     Autograph  document  signed. 

L.  S.  Letter  signed. 

A.  L.  S.     Autograph  letter  signed. 

[  ]  Words  or  letters  supplied. 

?   ?   ?  Doubtful  'reading,  or  queried  information  supplied. 


CHRONOLOGY 

I8  60,  Aug.  5.  The  town  of  Henderson  was  burned.  About  this  time 
there  were  many  reports  of  incendiary  fires,  poisonings,  negro  up- 
risings and  the  like,  which  produced  a  mania  of  suspicion,  leading 
to  the  expulsion  of  suspects  and  in  a  few  cases  to  lynching. 
There  sprang  into  existence  committees  of  safety,  military  com- 
panies, and  the  K.  G.  C.  found  a  ready  welcome. 

Aug.  6.  State  election  for  attorney  general,  comptroller  and 
treasurer. 

Aug.  18.  Sam  Houston  in  an  address  to  "My  friends  in  the 
United  States"  withdrew  his  name  from  the  list  of  candidates 
for  the  presidency. 

Oct.  26-Nov.  15.     Many  castles  of  the  K.  G.  C.  were  organized. 

Nov.    6.      Presidential   election   day. 

Nov.  15-Dec.  31.  Many  public  meetings  were  held  at  which  the  con- 
vening of  the  legislature  in  extra  session  was  requested. 

Nov.    21.      Sam  Houston  to  the  citizens  of  the  frontier. 

Nov.  22-27.      Indian  raid  in  Jack  county. 

Nov.   28.      Sam  Houston  to  the  governors  of  the  Southern  States. 

Dec.    1.      O.  M.  Roberts  made  a  public  address  at  Austin. 

Dec.   3.      O.  M.  Roberts  prepared  a  call  for  a  convention. 

Dec.   3.     Sam  Houston  to  the  people  of  Texas. 

Dec.    3.,     Delegate  elected  to  State  convention  in  district  35. 

Dec.    8.      Citizens  at  Austin  issued  a  call  for  a  convention. 

Dec.   15.      R.  T.  Wheeler  published  a  letter  respecting  the  crisis. 

Dec.  17.  Sam  Houston  issued  proclamation  convening  legislature 
in  extra  session  January  21,  1861. 

Dec.    20.      South  Carolina  seceded. 

Dec.    22.      Mass  meeting  of  Unionists  at  Austin. 

Dec.   22.      Delegates  elected   in  districts   3   and   4  8. 

Dec.   24.      Delegates  elected   in  district   15. 

Dec.   26.      Delegates  elected  in  district  19. 

Dec.  27.  Sam  Houston  issued  proclamation  for  an  election  on 
February  4,  1861,  for  seven  delegates  to  a  convention  of  the 
Southern  States. 

Dec.   29.      Delegates  elected  in  district   24. 

Dec.    31.      Delegates  elected  in   district   21. 

1861.   Jan.      1.      Delegates  elected  in  district   38. 

Jan.   5.      Printing  office  of  Die  Union,    Galveston,  destroyed  by  mob, 

Jan.  5.  J.  M.  Calhoun,  commissioner  from  Alabama,  to  Sam 
Houston. 

Jan.    7.      Sam  Houston  to  J.  M.  Calhoun. 

Jan.   8.      Unofficial  election  of  delegates  to  a  State  convention. 

Jan.      9.      Mississippi  seceded. 

Jan.    11.      Alabama  and  Florida  seceded. 

Jan.    20.      Georgia  seceded. 

Jan.    21.      Legislature  met  in  called  session. 

Jan.  21.  Legislature  repealed  joint  resolution,  authorizing  the 
sending  of  delegates  to  a  convention  of  the  Southern  States. 

Jan.   21.      Sam  Houston  sent  a  message  to  the  legislature. 

Jan.    26.      Louisiana  seceded. 

Jan.   28.      Convention  met. 

Jan.   30.      Committee  on  public  safety  was  appointed. 

Feb.    1.      Convention  adopted  ordinance  of  secession, 

Feb.  2,  Convention  adopted  declaration  of  causes  which  impelled 
Texas  to  secede, 

Feb.  4.  Governor  Houston  approved  joint  resolution,  passed  Jan- 
uary 28,  by  the  legislature  recognizing  the  convention. 


ClIRONOIX)GY. 

Feb.  4.  Convention  elected  delegates  to  the  Montgomery  con- 
vention. 

Feb.    4.      Convention  adjourned  until  March  2nd. 

Feb.  6.  Address  to  the  people  of  Texas  by  the  opponents  of  seces- 
sion. 

Feb.   9.     Legislature  adjourned  until  March  18th. 

Feb.  9.  Governor  Houston  issued  proclamation  ordering  election 
to  be  held  Feb.  23  for  ratifying  or  rejecting  the  ordinance  of 
secession. 

Feb.  10.  O.  M.  Roberts  issued  an  address  advocating  the  adoption 
of  the  ordinance  of  secession  by  the  people. 

Feb.  16.  U.  S.  arsenal  and  barracks  at  San  Antonio  were  seized  by 
committee  on  public  safety. 

Feb.   18.      U.  S.  military  posts  in  Texas  surrendered  by  Gen.  Twiggs. 

Feb.    19       General  Twiggs  was  superseded  by  Colonel  Waite. 

Feb.    21.      U.  S.  property  at  Brazos  Santiago  seized. 

Feb.   21.     Camp  Cooper  abandoned. 

Feb.  23.  Election.  For  ratifying  the  ordinance  of  secession  and 
to  fill  vacancies  in  the  convention. 

Feb.   26.      Camp  Colorado  abandoned. 

Mar.   1.     General  Twiggs  dismissed  from  the  service  of  the  U.  S. 

Mar.  2.     Convention  reassembled. 

Mar.    4.      Vote  on  ordinance  of  secession  counted. 

Mar.  4.  Gov.  Houston  issued  proclamation  declaring  Texas  had 
seceded. 

Mar.  4.  Convention  adopted  ordinance  relative  to  the  removal  of 
U,  S.  troops  from  Texas. 

Mar.  5.  Convention  adopted  ordinance  uniting  Texas  with  the 
Confederate  States. 

Mar.   6.      Gov.  Houston  refused  to  recognize  the  conTention. 

Mar.    7.      Ringgold  Barracks  abandoned. 

Mar.   7.      Camp  Verde  abandoned. 

Mar.   12.     Fort  Mcintosh  abandoned. 

Mar.  14.  Convention  adopted  ordinance  to  provide  for  the  con- 
tinuance of  the  existing  State  government. 

Mar.   15.     Camp  Wood  abandoned. 

Mar.  15.  Convention  administered  oath  to  State  officers  members 
of  the  convention. 

Mar.   16.     Convention  administered  oath  to  State  officers. 

Mar.    16.      Sam  Houston's  address  to  the  people  of  Texas. 

Mar.  16.  Offices  of  Governor  and  Secretary  of  State  declared 
vacant. 

Mar.   17.     Camp  Hudson   abandoned. 

Mar.   18.     Legislature  reassembled. 

Mar.    18.      Sam  Houston  offered  a  message  to  the  legislature. 

Mar.   19.     Fort  Clark  abandoned. 

Mar.   19.     Fort  Inge  abandoned. 

Mar.   19.     Fort  Lancaster  abandoned. 

Mar.   19.     Oath  administered  to  members  of  the  legislature. 

Mar.    20.      Fort  Brown  abandoned. 

Mar.    20.      Fort  Duncan  abandoned. 

Mar.   21.      Sam  Houston's  farewell  address. 

Mar.    23.      Fort  Chadbourne  abandoned. 

Mar.  23.  Convention  ratified  permanent  constitution  of  the  Con- 
federate States. 

Mar.   25.     Convention  adjourned. 

Mar.   29.     Fort  Mason  abandoned. 

Mar.   31.     Fort  Bliss  abandoned. 

Apr.   5.      Fort  Quitman  abandoned. 

Apr.    9.      Legislature  adjourned. 

Apr.    12.      Fort  Sumter,  S.  C,  fired  upon. 


Journal  of  the  Secession  Convention 

PREFACE2 

To  our  fellow  citizens  of  the  State  of  Texas 

The  election  of  a  president  of  the  United  States  by  the  great  sec- 
tional party  of  the  North  has  been  accomplished. 

The  insults,  threats  'and  aggressions  which  have  been  directed  at 
the  honor,  the  equality,  and  the  happy  social  existence  of  the  people 
of  Texas  and  the  South  for  the  last  forty  years  have  reached  a  climax. 

The  people  of  Texas  are  justly  alarmed  at  the  impending  destruc- 
tion of  all  that  is  valuable  to  freemen. 

The  distinguished  governor  of  our  State  has  been  petitioned  by  a 
large  number  of  the  citizens  of  Texas  to  convene  her  legislature,  pre- 
liminary to  a  convention  of  the  people. 


^The  following  appears  on  the  title  page  of  the  volume  containing  the 
manuscript  journal   of   the   Secession   Convention: 

Record 
of  the  Journal  of  the  Convention 

of  the  People  of  Texas 
which  assembled  at  the  City  of  Austin 

On  the  28th  day  of  January  A.D.   1861. 
And  which  abrogated  the  Articles  of  Annexa- 
tion between  the  State  and  the  Government 
of  the  United  States  of  America,  and  annexed 
the   State  of  Texas  to  the  Confederate 
States   of  America. 

Recorded   by     order   of   the   Convention. 
1861. 

*This  address  or  call  was  published  in  T^e  ^tate  Gazette  (Austin), 
December  8,  1860.  It  received  following  editorial  notice:  "We  invite 
the  attention  of  our  readers  to  an  address  signed  by  many  citizens,  sug- 
gesting an  election  of  delegates  on  the  8th  of  January  next,  to  a  Con- 
vention of  the  people  of  Texas,  to  meet  on  the  4th  Monday  of  ^he  same 
month,  in  this  city,  to  express  the  sovereign  will  of  the  people.  Its  final 
action  will  of  course  be  submitted  to  a  popular  vote  at  the  ballot-box 
for  ratification  or  rejection.  Gen.  Houston  has  already  declared  that 
he  will  not  stand  in  the  way  of  the  popular  wish.  .  .  It  will  be  seen 
that  Lieut.  Gov.  Ed.  Clark  is  one  of  the  signers  to  the  address;  the 
Hon.  Robert  J.  Townes  is  another.  We  rejoice  to  see  our  patriotic 
citizens  of  all  parties,  forgetting  past  differences  and  rallying  as  one 
man  in  defense  of  the  honor  and  safety  of  our  State." 

Another  call  had  been  prepared  a  few  days  before.  Ex-Governor 
Roberts  gives  following  account  of  it:  "On  December  3,  1860,  aftfer  a 
very  anxious  consultation,  it  was  determined  to  make  a  citizens'  call 
for  a  convention  by  meetings  in  different  parts  of  the  State.  W.  P. 
Rogers,  George  M.  Flournoy,  and  O.  M.  Roberts  were  selected  to  draw 
up  the  call  to  be  introduced  and  passed  in  the  said  meetings.     Where- 


10  Journal  of  the  Secession  Convention 

Our  State  constitution  has  provided  that  on  "extraordinary  occa- 
sions" th^  governor  "shall  have  power  to  convene  the  legislature." 

The  legislatures  of  a  number  of  our  sister  Southern  States  have 
already  been  called  The  evidences  of  alarm,  indignation  and  re- 
sentment, together  with  a  most  earnest  desire  to  counsel  for  their  own 
safety,  have  come  up  from  the  people  in  every  quarter  of  our  State. 

Governor  Houston  has  not  yet  seen  proper  to  convene  our  legisla- 
ture; there  is  reason  to  hope  that  he  will  yet  do  so.^ 

A  legislature  cannot  express  as  a  convention  may  the  sovereign 
will  of  the  people  of  the  State  of  Texas 

The  constitution  does  not  give  either  the  governor  or  the  legisla- 
ture the  power  to  call  a  convention.  Their  doing  so  would  be  a  mere 
consent  that  the  people  might  act.  The  people  have  the  right  to  act 
as  expressly  provided  in  our  State  constitution  without  such  consent. 
Art.  1st  of  the  Bill  of  Rights  declares  "All  political  power  is  inherent 
in  the  people,  and  all  free  governments  are  founded  on  their  authority 
and  instituted  for  their  benefit;  land  they  have  at  all  times  the  in- 
alienable right  to  alter,  reform,  or  abolish  their  form  of  government 
in  such  manner  as  they  may  think  expedient." 

Should  the  legislature  be  noAv  called,  it  could  not  probably  assemble 
before  some  time  in  January,  and  then  it  would  be  too  late  to  provide 
for  a  convention,  which  could  not  meet  until  about  or  after  the  time 
of  the  inauguration  of  Abraham  Lincoln  as  president  of  the  United 
States. 

If  the  people  proceed  now  to  the  election  of  delegates  to  a  conven- 
tion (which  they  have  the  unquestioned  right  to  do)  the  legislature 
will  doubtless  ratify  what  the  people  have  done. 

Governor  Houston  very  fully  recognizes  the  right  of  the  people  to 
act  primarily  in  this  matter,  in  his  letter  to  the  citizens  of  Huntsville, 
of  November,''  1860,  wherein  he  justly  says,  ' '  Has  the  time  come  ?  If 
it  has,  the  people  who  have  to  bear  the  burthens  of  revolution  must 

upon  they,  with  John  S.  Ford,  repaired  to  Judge  Roberts's  office,  where 
he  with  their  assistance  drew  up  the  call,  copies  of  which  were  sent 
to  different  points  throughout  the  State  and  there  adopted  in  mass- 
meetings  and  promulgated,  so  as  to  give  it  general  notice  over  the 
State." — (A  Comprehensive  History  of  Texas,  II,  87.) 

The  Roberts  call  (loc.  cit.)  is  briefer  than  the  address  here  printed,  it 
enumerates  with  greater  detail  why  the  assembling  of  a  convention  at  an 
early  date  is  necessary,  and  recommends  the  same  plan  for  the  election  of 
the  delegates.  Its  main  point  of  difference  is  its  silence  on  the  subject  of 
submitting  the  action  of  the  convention  to  a  vote  of  the  people. 

The  authority  of  the  secretary  of  the  Convention  for  including  in  the  Jour- 
nal the  data  contained  in  this  preface  was  conferred  by  a  resolution  offered 
by  Mr.  Chilton  and  adopted  March  16,  1861. 

•The  proclamation  of  Governor  Houston,  convening  the  legislature 
in  extra  session  on  January  21,  1861,  is  dated  December  17,  1860. 

^Governor  Houston's  letter  to  the  citizens  of  Huntsville,  dated  Novem- 
ber — ,  1860,  is  printed  in  the  True  Issue  (La  Grange),  November  29,  1860. 


Journal  op  the  Secession  Convention  11 

themselves  effect  the  work."     It  is  then  clear  that  he  will  abide  the 
expression  of  the  people's  will. 

Therefore,  partaking  of  the  feeling  Qf  solicitude  common  to  our  fel- 
low citizens,  and  believing  that  concert  of  action  is  universally  desired, 
and  it  being  necessary  that  some  basis  should  be  set  forth  to  ensure 
such  concert,  the  undersigned  citizens  of  Texas,  residing  in  different 
portions  of  the  State,  having  had  an  opportunity  of  conversing  with 
a  large  portion  of  our  fellow  citizens  of  the  State,  and  pretending 
only  to  an  authority  equal  -to  that  of  a  similar  number  of  our  fellow 
citizens  in  any  locality,  and  prompted  alone  by  a  most  earnest  and 
we  trust  patriotic  desire  for  concert  of  action,^ 

Suggest:    • 

That  an  election  of  delegates  be  held  on  the  8th  day  of  January,  A. 
D.  1861,  or  as  soon  thereafter  as  practicable,  when  any  county  may 
not  be  able  to  hold  an  election  on  that  day,  to  a-semble  in  a  conven- 
tion of  the  people  of  Texas  at  the  citj^  of  Austin,  on  the  4th  Monday 
in  January  A.  D.  1861,  or  as  soon  thereafter  as  practicable. 

That  said  election  be  ordered  unofficially  by  the  chief  justice  of 
each  county  or  district,  or  in  case  of  his  failure  or  refusal  to  act 
forthwith,  then  by  any  one  or  more  of  the  county  commissioners,  or 
in  case  of  the  refusal  of  the  latter  to  act  forthwith,  then  by  a  commit- 
tee of  five  citizens  of  such  county  or  district. 

That  the  qualifications  of  electors  shall  be  the  same,  and  as  near 
as  practicable  the  manner  of  holding  such  election  be  the  same,  an 
that  provided  for  by  the  laws  of  the  State  of  Texas  of  force  govern- 
ing elections  for  members  of  the  legislature. 

That  the  returns  of  said  elections  be  made  to  the  person  or  persons 
ordering  the  same,  a<  soon  after  the  same  shall  have  been  held  as  prac- 
ticable ;  and  that  the  certificate  of  election  be  issued  immediately  by 
such  person  or  persons  to  whomsoever  shall  have  received  the  largest 
number  of  votes  polled. 

And  where  there  is  under  the  new  apportionment  a  representative 
district  composed  of  more  than  one  county,  the  votes  polled  shall  be 
returned  to  the  person  or  persons  ordering  an  election  in  the  county 
of  said  district,  the  chief  justice  of  which  is,  under  said  apportionment 
bill,  made  the  returning  officer  of  such  district;  and  the  certificates 
of  election  shall  be  issued  by  such  person  or  persons. 

That  said  election  be  upon  the  basis  of  the  new  apportionment  bill, 
approved  February  6th,  A.  D.  1860,  except  that  there  be  no  repre- 
sentation for  the  senators  provided  for  in  said  apportionment,  but 

"This  paragraph  is  quoted  by  Roberts  (loc.  cit.,  89),  but  its  sense  is  destroyed 
by  careless  proofreading.  The  list  of  signers  to  the  address  as  quoted  by 
Roberts  omits  eleven  names  and  misspells  a  number  of  those  given. 


12 


Journal  of  the  Secession  Convention 


that  each  county  or  district  elect  two  delegates  for  each  member  of 
the  house  of  representatives  to  which  it  may  be  entitled;  so  that  the 
number  of  said  delegates  shall  be  just  double  the  number  of  members 
in  the  house  of  representatives  in  said  legislature. 

That  the  action  of  said  convention  be  submitted  to  the  people  for 
ratification  or  rejection  at  the  ballot  box  at  the  earliest  practicable 
time  after  its  adjournment 

We  trust  that  the  newspapers  throughout  the  State  will  publish 
this  mode  of  action  and  urge  its  adoption. 

We  hope  that  those  counties  where  a  slight  change  of  programme 
will  be  necessary  will  not  regard  such  change  as  in  uperably  ob- 
jectionable, for  w^e  cafi  assure  all  that  the,  above  has  been  deemed  to 
accord  more  with  the  general  wish  than  any  particular  plan  yet  pro- 
posed by  any  county,  and  is  arrived  at  from  full  and  free  consulta- 
tion with  a  number  of  persons  from  all  sections  of  the  State. 

We  further  recommend  to  our  fellow  citizens  that  they  at  once  put 
forward  candidates  for  said  convention. 


D.  M.  Prendergast,  Limestone  Co. 

John  Gregg,  Freestone  Co. 

L.  K.  Preston,  Galveston. 

A.  A.  Kemble,  Waxahatchie. 

W.  S.  Oldham,  Washington  Co. 

J.  B.  Banks,  Travis  Co. 

Jas.  H.  Fry,  Webberville. 

Jesse  Billingsley,  Bastrop  Co 

Roger  Q.  Mills,  Navarro  Co. 

C.  M.  Winkler,        Do. 

C.  Reich,  Guadalupe  Co. 

Clement  R.  Johns,  Hays  Co. 

Geo.  W.  White,  Travis  Co. 

T.  D.  Moseley. 

C.  H.  Randolph,  Houston  Co. 

George  Flournoy. 

Joseph  Lee. 

Jno.  R.  Baylor,  Parker  Co. 

George  Baylor,         Do. 

S.  Crosby. 

W.  J.  Darden,  Colorado  Co. 

Wm.  P.  Stapp,  Calhcun  Co. 

W.  W.  Apperson. 

Louis  Horst. 

Jno.  B.  Costa. 

Thomas  Green. 


R.  T.  Brown rigg. 

J.  C.  Higgins,  Bastrop  Co. 

A.  H.  Parrish. 
J.  E.  Rector. 

J.  E.  McCord,  Hays  Co. 

Jas.  P.  Neal,  Travis  Co. 

Wm.  Lee  Chalmers,  Travis  Co. 

Geo.  W.  Guess,  Dallas. 

Morris  R.  Reagan. 

Jno.  A.  Green. 

Geo.  J.  Durham. 

W.  C.  Pitts. 

Ed.  Clark. 

T.  J.  Chambers,  Chambers  Co. 

W.  N.  Hardeman. 

Junius  W.  Smith.  Tarrant  Co. 

Wm.  Byrd. 

Jno.  A.  Wharton,  Brazoria  Co. 

B.  S.  Whitaker,  Lampasas  Co. 


M.  L.  Cooksey, 

Do. 

T.  C.  Jackson, 

Do. 

R.  J.  Moore, 

Do. 

John  Burleson, 

Do. 

S.  Fletcher, 

Do. 

Mark  Bean, 

Do. 

J.  P.  Gi})son, 

Do. 

JOURNAI.  OF  THE   SECESSION   CONVENTION  13 

Thos.  Moore,  Burnet  Co.  Edward  Bailey,  Do. 

H.  E.  McCulloch,  Guadalupe  Co.      T.  N.  Waul. 

S.  G.  Sneed,  Sr.,  Travis  Co.  AVm.  Carleton. 

C.  E.  Bums,  Robertson  Co.  J.  H.  Lightfoot. 

T.  D.  Robertson,  Do.  James  E.  Harrison. 

P.  H.  Smith,  Do.  Robert  J.  Townes,  Travis  Co. 

A.  T.  Rainey,  Anderson  Co.  A.  R.  Crozier,  Do. 

Jno.  J.  Good,  Dallas  Co.  J.  M.  Steiner,  Do. 

Jno.  T.  Pruitt,  Travis  Co.  C.  Kyle,  Hays  Co. 

R.  M.  Bomar,  Caldwell  Co.  M.  D.  Graham,  Rusk  Co. 

(The  foregoing  address  was  generally  adopted  and  acted  upon  by 
the  people  of  the  State,  and  may  be  regarded  as  the  origin  of  the  plan 
of  the  election  of  the  delegates  w^ho  afterwards  composed  the  conven- 
tion. In  the  meantime  the  governor  of  the  State  convened  the  leo^is- 
lature  in  extraordinary  session  on  Monday  Jany.  21st  1861,  one  week 
preceding  the  meeting  of  the  convention;  upon  its  assembling 
the  legislature  passed  the  following) 

Joint  Resolution 

concerning  the   Convention  of  the  People  of  Texas,  called  in  pur- 
suance of  the  Bill  of  Rights. 

Whereas  the  people  of  Texas,  being  much  concerned  for  the  preser- 
vation of  the  rights,  liberties,  and  powers  of  the  State  and  its  inhab- 
itants, endangered  by  the  political  action  of  a  majority  of  the  States, 
and  the  people  of  the  same  have,  in  the  exercise  of  powers  reserved 
to  themselves  in  the  bill  of  rights,  called  a  convention,  composed  of 
two  members  for  each  representative  in  the  legislature  from  the  va- 
rious districts  established  by  the  apportionment  law  of  1860,  to  as- 
semble on  the  28th  day  of  January,  1861,  at  the  city  of  Austin,  w^hich 
convention,  by  the  terms  of  the  call,  made  by  numerous  assemblages 
of  citizens  in  various  parts  of  the  State,  was,  when  elected  and  as- 
sembled, to  have  power  to  consider  the  condition  of  public  affairs,  to 
determine  what  shall  be  the  future  relations  of  this  State  to  the  Union, 
and  such  other  matters  las  are  necessarily  and  properly  incident 
thereto ;  and  in  case  it  should  be  determined  by  said  convention,  that 
it  is  necessary  for  the  preservation  of  the  rights  and  liberties  afore- 
said, that  the  sovereignty  of  Texas  should  resume  the  powers  dele- 
gated to  the  Federal  Government  in  the  constitution  of  the  United 
States,  and  by  the  articles  of  annexation,  then  the  ordinance  of  said 
convention  resuming  said  delegated  powers  and  repealing  the  ratifi- 
cation by  the  people  of  Texas  of  said  articles  of  annexation  should 
be  submitted  to  a  vote  of  the  qualified  electors  of  this  State  for  their 
ratifica-tion  or  rejection;  therefore. 


14  Journal  of  the  Secession  Convention 

1.  Be  it  resolved  by  the  Legislature  of  the  State  of  Texas,  That 
the  Government  of  the  State  of  Texas  hereby  gives  its  assent  to  and 
approves  of  the  convention  aforesaid. 

2.  That  this  resolution  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  Feby.  4th  1861.  by  the  Governor  "With  a  protest  against 
the  assumption  of  any  powers  on  the  part  of  said  convention,  beyond 
the  reference  of  the  question  of  a  longer  connection  of  Texas  with 
the  Union  to  the  people" 

Upon  the  passage  of  the  Joint  Resolution  in  the  senate  the  vote 
stood. 

For  the  resolution,  Mesrs.  Blanch,  Britton,  Chambers,  Duggan, 
Dulany,  Erath,  Fall,  Gentry,  Grimes,  Guinn,  Harman.  Herbert,  Hyde, 
Lott,  Martin,  Miller,  Parsons,  Pitts,  Potter,  Quinan,  Schleicher,  Shep- 
ard,  Stockdale,  Walker  and  Whaley,  25. 

Against  the  resolution,  Mesrs.  Hart,  Paschal.  R^ins,  Throckmorton 
and  Townes,  5. 

In  the  house  of  representatives  the  vote  stood, 

Yeas,  Mesrs.  Speaker  (M.  D.  K.  Taylor),  Anderson,  Baxter,  Barc- 
lay, Benevides,  Billingsley,  Branch,  Bryan,  Buckley,  Caddell,  Craig, 
Crawford,  Crooks,  Culberson,  Cumbey,  Dale,  Darnell,  Davis  of  Bas- 
trop, Davis,  of  Hays,  Dennis,  Duncan,  Ellett,  Flevvellin,  Francis, 
Franklin,  Foscue,  Hall,  Harrison  of  Cherokee.  Harrison  of  Van  Zandt. 
Hartley,  Henderson,  Houghton,  Hubbard,  Hubert,  Lewis  of  Mont- 
gomery, Lewis  of  Robertson,  Lewter,  Lynch,  Mabry,  Manley,  Mav- 
erick, Maxey,  Morris,  McCutcheon,  McKnight,  Middleton,  Mills,  Mun- 
son,  Navarro,  Nelson,  Parker,  Perry,  Pirkey,  Redwine,  Robinson,  Ross, 
Rose,  Shannon,  Shelton,  Short,  Smith,  Speights,  Stewart,  Waelder, 
Walworth,  Warfield,  Waterhouse,  Whitfield,  W^ortham  and 
Wrede,    70. 

Nays,  Mesrs.  Camp,  Clark,  Edwards,  Epperson,  Norton,  Owens, 
Redgate,  Taylor  of  Fannin,  and  Whitmore,  9." 

•A  list  of  the  names  with  nativities,  ages,  time  of  immigration,  residences, 
occupations  and  postoffices  of  the  senators  and  representatives  of  the  eight 
legislature  is  printed  in  the  Journal  of  the  House  of  Representatives,  Eight 
Legislature,  722-729.  The  vote  in  the  senate  was  taken  January  28,  1861, 
(Journal  of  the  Senate  of  Texas,  Extra  Session  of  the  Eighth  Legislature,  51). 
The  vote  in  the  house  of  representatives  had  been  taken  earlier  on  the  same 
day.  There  are  several  discrepancies  in  the  lists  of  yeas  and  nays  as  set 
forth  above  and  those  recorded  in  the  house  journal  (Journal  of  the  House 
of  Representatives...  .  Extra  Session  of  the  Eighth  Legislature,  61). 


FIRST  SESSION 

City  of  Austin  Texas 
Monday  January  28th  1861. 

The  Convention  composed  of  delegates  from  the  several  representa- 
tive districts  of  the  State  of  Texas,  elected  by  the  free,  sovereign  and 
independent  people,  under  the  authority  recognized  by  the  1st  section 
of  the  bill  of  rights  of  the  State  constitution,  to  represent  the  sov- 
ereignty of  the  State  in  convention  assembled,  met  in  the  City  of  Aus- 
tin in  the  hall  of  the  house  of  representatives,  tendered  to  them  by 
a  vote  of  the  House  of  Representatives,^  on  Monday  January  28th  A. 
D.  1861,  2  o'clock  P.  M. 

On  motion  of  Mr.  Rogers  of  Harris,  Mr.  Jno.  D.  Stell  of  Leon 
county  was  appointed  president  pro  tempore  of  the  Convention. 

The  Convention  being  called  to  order  prayer  was  offered  by  the  Rt. 
Rev.  Alexander  Gregg,  bishop  of  the  Protestant  Episcopal  Church 
of  the  diocese  of  Texas. 

W.  L.  Chalmers  and  H.  H.  Haynie  were  requested  to  act  as  secre- 
taries ''pro  tem,"  and  C.  A.  Hopkins  and  A.  T.  Logan  as  sergeants 
at  arms  "pro  tem." 

On  motion  of  Mr.  Oldham,  Mr.  Claiborne  Rector  was  enrolled  as  a 
delegate  from  the  county  of  Wilson  for  the  present. 

Mr.  Scott  offered  the  following  resolution, 

"Resolved  that  a  committee  to  consist  of  persons  be  ap- 

pointed to  examine  the  credentials  of  all  such  persons  as  claim  to  be 
members  of  this  Convention,  and  that  they  report  at  " 

Mr.  Holt  moved  to  fill  the  1st  blank  in  the  resolution  with  "Ten." 
Lost. 

'On  March  9,  1861,  the  Convention  adopted  an  ordinance,  entitled  "An  ordi- 
nance to  provide  for  the  enrollment,  publication,  and  preservation  of  the 
ordinances  of  the  Convention."  Section  5  provided  "That  it  shall  be  the  duty 
of  the  Secretary  of  this  Convention  to  record  the  journals  of  the  proceedings 
of  this  Convention  in  a  well  bound  book  to  be  kept  for  that  purpose,  and  by 
him,  to  be  deposited  in  the  office  of  the  secretary  of  state  for  safe  preserva- 
tion." The  volume  selected  by  the  secretary  is  a  leather  bound  book  of  four 
hundred  pages,  measuring  11  x  17  inches.  The  entire  journal  is  in  the  hand- 
writing of  the  secretary,  and  covers  pages  1-223. 

Of  the  original  papers  of  the  Secession  Convention  only  a  small  portion 
has  been  found.  They  are  filed  in  Box  No.  258,  labeled  "Convention  of  1861," 
in  the  Department  of  State.  They  consist  of  the  election  certificates  of  the 
delegates  to  the  Convention,  included  in  Appendix  IV  below;  drafts  of  ordi- 
nances, applications  for  appointment  to  office  in  the  military  service,  recom- 
mendations of  applicants,  and  tenders  of  the  service  of  individuals  and  of  com- 
panies. Reference  will  be  made  to  these  original  documents  as  "Miscellaneous 
Papers  of  the  Secession  Convention." 

*0n  January  23rd,  the  House  adopted  following  resolution: 
Resolved,  That  the  use  of  the  hall  of  the  House  of  Representatives  as  well 
as  fuel  and  stationery  be  tendered  to  the  Convention,  which  will  meet  on  next 
Monday,  each  day  while  said  Convention  may  be  in  session,  at  and  after  the 
hour  of  2  o'clock,  ,P.  M. —  (Journal  of  the  House  of  Representatives.  .  . 
Extra  Session  of  the  Eighth  Legislature,  45). 


1()  Journal  of  the  Secession  Convention 

On  motion  of  Mr.  Ochiltree  the  1st  blank  in  the  resolution  was  filled 
with  "five,"  and  at  the  end  of  the  resolution  was  added  the  words 
**7  o'clock  tonight'* 

Mr.  Davidson  moved  to  amend  by  adding,  "and  to  ascertain  and 
report  to  this  Convention  the  number  of  votes  polled  in  the  several 
representative  districts  of  this  State  for  delegates  composing  this  Con- 
vention ' '. 

The  resolution  and  amendment  were  on  motion  of  Mr.  Cleveland 
postponed  for  the  present. 

Mr.  Green  offered  the  following  resolution  which  was  adopted. 

"Resolved  that  the  roll  be  called  and  certificates  of  election  be 
handed  to  the  Secretary,  and  that  if  a  majority  appear  in  form  then 
the  Conventioii  proceed  to  permanent  organization." 

On  motion  the  following  names  were  then  enrolled  as  delegates  for 
the  present,  with  the  privilege  of  submitting  their  credentials  when 
received  to  the  committee  on  Credentials.  F.  P.  Price,  Jasper  county, 
A.  G.  Clopton,  Cass  county,  A.  T.  Rainey,  Anderson  county,  M.  D. 
Graham,  Rusk  county,  James  Hooker,  Hunt  county,  E.  P.  Nicholson, 
Dallas  county,  E.  Earley,  Grayson  county,  James  Walworth  and  Jno. 
S.  Ford,  Cameron  Co. 

Mr.  Maxey  mov(*d  that  the  Convention  ^o  into  an  election  of  a  per 
manent  presiding  officer. 

Mr.  Jennings  offered  the  following  resolution  as  a  substitute  for 
the  motion, 

"Resolved  that  the  permanent  officers  of  this  Convention  shall  con- 
sist of  a  president,  secretary,  1st  assistant  secretary,  2nd  assistant 
secretary,  sergt.  at  arms,  assistant  sergt.  at  arms,  doorkeeper  and 
assistant  doorkeeper,  to  be  elected  by  ballot." 

And  the  resolution  was  adopted. 

The  election  of  a  president  being  first  in  order,  Mr.  Gray  nominated 
the  Hon.  0.  M.  Roberts  of  Smith  county. 

Mr.  Fields  nominated  the  Hon.  Wm.  B.  Ochiltree  of  Harrison 
county,  who  respectfully  declined  and  moved  that  the  Hon.  0.  M. 
Roberts  be  declared  the  president  of  the  Convention  by  acclamation. 
Carried. 

On  motion  of  Mr.  Rainey  a  committee  of  three  were  appointed  by 
the  President  "pro  tem"  to  wait  upon  Mr.  Roberts  and  conduct  him 
to  the  chair. 

Mesrs.  Rainey,  Flournoy  and  Gray  were  appointed  the  committee. 

On  taking  the  chair  the  President  remarked,  "7  how  to  the  sover- 
eignty of  the  people  of  my  State.  All  political  power  is  inherent  in 
the  people.  That  power,  I  assert,  you  now  represent.  We  have  been 
congregated  in  obedience  to  the  public  will,  by  the  spontaneous  and 


Journal  of  the  Secession  Convention  17 

voluntary  concert  of  the  people  of  this  State,  to  consider  and  dispose 
of  questions  equally  as  momentous  and  more  varied  than  those  that 
were  solved  by  our  revolutionary  forefathers  of  '76 !  The  crisis  upon 
us  involves  not  only  the  right  of  self  government,  but  the  mainte- 
nance of  a  great  principle  in  the  law  of  nations — the  immemorial  rec- 
ognition of  the  institution  of  slavery  wherever  it  is  not  locally  pro- 
hibited— and  also  the  true  theory  of  our  general  government  as  an  as- 
sociation of  sovereignties,  and  not  a  blended  mass  of  people  in  one 
social  compact  However  grave  the  issues  now  presented  may  be, 
I  trust  this  body  will  be  fully  adequate  to  their  solution,  in  such  man- 
ner as  to  preserve  the  rights  of  the  State.  While  not  insensible  to  the 
great  honor  conferred  upon  me  by  this  body  of  distinguished  citizens, 
I  am  aware  that  my  selection  is  attributable  more  to  my  position  in 
the  judiciary  of  the  State  than  to  my  experience  or  knowledge  of  par- 
liamentary deliberations.  It  is  an  indication  to  the  world  that  this 
movement  of  the  people  of  Texas  has  not  originated  in  any  revolu- 
tionary spirit  of  social  disorder,  and  I  doubt  not  that  the  moderation 
and  wisdom  of  your  deliberations  and  acts  will  demonstrate  it. ' ' 

The  election  for  secretary  being  next  in  order, 

Mr.  Hogg  nominated  J.  Pat.  Henry. 

Mr.  Nicholson  nominated  R.  H.  Lundy. 

Mr.  Armstrong  nominated  R.  T.  Brownrigg. 

Mesrs.  Ireland,  Rogers  of  Harris  and  Stockdale  were  appointed 
tellers. 

On  the  1st  ballot  Mr.  Henry  received  30  votes,  Mr.  Lundy  received 
20  votes  and  Mr.  Brownrigg  received  93  votes. 

R.  T.  Brownrigg  having  received  a  majority  of  all  the  votes  cast 
was  declared  duly  elected  secretary  to  the  Convention. 

Nominations  for  1st  assistant  secretary  being  next  in  order 

Mr.  Stockdale  nominated  John  Burlage 

Mr.  Hardeman  nominated  M.  S.  Dunn. 

Mr.  Wiley  nominated  W.  D.  Schoolfield 

Mr.  Green  nominated  T.  E.  Moseley. 

On  the  1st  ballot  Mr.  Burlage  received  47  votes,  Mr.  Dunn  25  votes, 
Mr.  Schoolfield  57  votes  and  Mr.  Moseley  8  votes 

There  being  no  election  the  Convention  proceeded  to  a  2nd  ballot 
when  Mr.  Burlage  received  44  votes,  Mr.  Dunn  10  votes,  Mr.  School- 
field  80  votes  and  Mr.  Moseley  2  votes. 

Mr.  Schoolfield  having  received  a  majority  of  all  the  votes  cast  was 
declared  duly  elected  1st  assistant  secretary  to  the  Convention. 

On  motion  of  Mr.  Graham  the  resolution  offered  by  Mr.  Scott  to- 
gether with  the  amendment  thereto  offered  by  Mr.  Davidson  were 
taken  up  and  the  amendment  laid  on  the  table. 


18  Journal  of  the  Secession  Convention 

On  motion  of  Mr.  Graham  the  vote  fillinj^  the  2nd  blank  in  the 
resolution  with  ''7  o'clock  P.  M."  was  reconsidered  and  the  blank 
filled  with  "their  earliest  convenience" 

The  resolution  as  amended  was  then  adopted. 

Mesrs.  Scott,  Graham  of  Rusk,  Nat.  Terry,  Wiley  and  Devine  were 
appointed  the  committee. 

Mr.  Brown  offered  the  following  resolutions  which  were  adopted. 
.  ''Resolved  that  the  rules  of  the  present  house  of  representatives, 
so  far  as  applicable,  be  adopted  for  the  government  of  the  Conven- 
tion. 

''Resolved  that  the  galleries  of  the  House  be  reserved  for  the 
use  of  spectators,  and  that  no  person  be  allowed  on  the  floor  of  the 
Hall  except  members  and  officers  of  the  Convention,  the  governor, 
lieut.  governor,  heads  of  departments,  judges  of  the  supreme  and 
district  courts,  members  and  officers  of  the  legislature,  and  reporters 
of  the  press. '- 

On  motion  of  Mr.  Brown,  Mr.  Plasters  was  requested  to  act  as 
doorkeeper  until  one  was  elected.  * 

Mr.  Oldham  moved  to  adjourn  until  2  o'clock,  P.  M.  tomorrow. 
Lost. 

Mr.  Nat.  Terry  moved  to  adjourn  until  8I/2  o'clock,  P.  M.    Lost. 

On  motion  of  Mr.  Ochiltree  the  Convention  adjourned  until  71/2 
o'clock  tonight. 

71/2  o'clock,  P.  M. 

The  Convention  met     Roll  called     Quorum  present. 

The  election  of  a  2nd  assistant  secretary  being  next  in  order 

Mr.  Nat.  Terry  nominated  R.  H.  Lundy 

Mr.  Coke  nominated  John  Burlage 

On  the  1st  ballot  Mr.  Lundy  received  70  votes  and  Mr.  Burlage 
63  votes 

Mr.  Lundy  having  received  a  majority  of  all  the  votes  cast  was  de- 
clared duly  elected  2nd  assistant  secretary  to  the  Convention. 

The  election  of  sergeant  at  arms  being  next  in  order. 

Mr.  Fields  nominated  B.  F.  Durham 

Mr.  Nelson  nominated  J.  W.  Johnson 

Mr.  Oldham  nominated  A.  T.  Logan 

Mr.  Davidson  nominated  Antonio  Manchaca. 

On  the  1st  ballot  Mr.  Durham  received  42  votes,  Mr.  Johnson  33 
votes,  Mr.  Logan  47  votes,  Mr.  Manchaca  17  votes  and  Mr.  Hopkins 
2  votes.    No  election. 

Mr.  Nelson  then  withdrew  the  name  of  Mr.  J.  W.  Johnson,  and  the 
Convention  proceeded  to  a  2nd  ballot,  when  Mr.  Durham  received  65 
votes,  Mr.  Logan  67  votes  and  Mr.  Manchaca  6  votes.    No  election. 


Journal  of  the  Secession  Convention  19 

Mr.  Davidson  then  withdrew  the  name  of  Mr.  Manchaca,  and  the 
Convention  proceeded  to  the  3rd  ballot,  when  Mr.  Durham  received 
72  votes  and  Mr.  Logan  received  71  votes. 

Mr.  Durham  having  received  a  majority  of  all  the  votes  cast  was 
declared  duly  elected  sergeant  at  arms  to  the  Convention 

On  motion  of  Mr.  Robertson  of  Washington,  Mr.  Logan  was  de- 
clared by  acclamation  assistant  sergeant  at  arms  to  the  Convention. 

On  motion  of  Mr.  Stell  the  Convention  took  a  recess  of  an  hour  and 
a  half. 

(During  the  recess  the  audience  was  entertained  by  the  Rev.  Dr. 
George  Carter,  in  an  address,  which  for  closeness  of  logic,  beauty  of 
diction,  anecdote  and  pathos,  all  present  coincided  in  the  opinion, 
was  rarely  equalled,  never  excelled.) 

The  recess  having  expired  the  Convention  was  called  to  order  by 
the  President. 

The  election  of  a  doorkeeper  being  next  in  order. 

Mr.  Chilton  nominated  J.  W.  Johnson 

Mr.  Brown  nominated  Wilson  Randle 

Mr.  Brown  withdrew  the  name  of  Mr.  Randle,  and  on  his  motion 
Mr.  Johnson  was  declared  by  acclamation  the  doorkeeper  to  the  Con- 
vention. 

On  motion  of  Mr.  Chilton,  Mr.  Randle  was  declared  by  acclamation 
assistant  doorkeeper  to  the  Convention. 

On  motion  of  Mr.  Rainey  the  President  was  authorized  to  appoint 
two  messengers  or  pages  to  wait  upon  the  Convention. 

Mr.  Stell  offered  the  following  resolution, 

* '  Resolved  that  a  committee  of  three  be  appointed  by  the  President 
to  wait  upon  his  Excellency  and  inform  him  that  this  Convention  is 
now  organized,  and  ready  to  receive  any  communication  that  he  may 
desire  to  make  to  this  body." 

On  motion  of  Mr.  Jennings  the  resolution  was  postponed  for  the 
present. 

Mr.  Portis  offered  the  following  resolution 

"Resolved  that  a  committee,  to  consist  of  one  from  each  judicial 
district  represented  in  this  Convention,  upon  Federal  Relations  be 
appointed  by  the  President  of  this  Convention." 

Pending  which  on  motion  of  Mr.  Chilton,  the  Convention  adjourned 
until  2  o'clock,  P.  M.  to  morrow. 


Tuesday  January  29th  1860. 
The   Convention  met   pursuant  to   adjournment.     Prayer   by  the 
Revd.  Mr.  Johnson  of  Titus  County     Roll  called     Quorum  present 


20  Journal  of  the  Secession  Convention 

Mr.  Scott,  chairman  of  the  committee  on  Credentials,  made  the 
following  report. 

To  the  Hon.  0.  M.  Roberts 
President  etc. 

The  committee  on  Credentials  respectfully  submit  the  following 
report.  Upon  the  examination  of  the  credentials  of  delegates  and  from 
satisfactory  evidence  before  the  committee,  we  find  the  following  del- 
egates regularly  elected  and  entitled  to  seats  in  this  Convention. 
From, 

District  No.  1.  Jefferson,  Chambers  etc — T.  J.  Chambers  and  Wm. 
Chambers 

District  No.  2.  Liberty  and  Polk — Chas.  L.  Cleveland  and  Jas.  M. 
Maxey. 

District  No.  3.  Tyler  and  Hardin— W.  A.  Allen,  N.  B.  Charleton 
and  Philip  Work. 

District  No.  4.    Jasper  and  Newton — W.  M.  Neyland,  F.  B.  Price. 

District  No.  5.  San  Augustine  and  Sabine — C.  Dean  and  Jas.  M. 
Burroughs. 

District  No.  6.    Shelby— A.  W.  0.  Hicks  and  L.  F.  Casey 

District  No.  9.    Houston— Jno.  I.  Burton  and  Jno.  R.  Hays. 

District  No.  10.    Anderson — A.  T.  Rainey  and  J.  G.  Stewart. 

District  No.  11.    Trinity,  Houston  and  Anderson — Jno.  Box. 

District  No.  12.  Cherokee — T.  J.  Jennings,  Jos.  L.  Hogg,  P.  G. 
Rhome  and  J.  M.  Anderson. 

District  No.  13.  Rusk— M.  D.  Graham,  W.  C.  Kelly,  A.  P.  Gallo- 
way, J.  R.  Armstrong. 

District  No.  14.    Panola--D.  Field,  T.  G.  Davenport  and  W.  R.  Poag 

District  No.  15.  Harrison— W.  T.  Scott,  Gil.  McKay,  A.  Pope  and 
W.  B.  Ochiltree. 

District  No.  17.  Smith— 0.  M.  Roberts,  G.  W.  Chilton,  0.  Lofton 
and  J.  C.  Robertson. 

District  No.  18.     Cass— A.  G.  Clopton,  J.  H.  Rogers 

District  No.  19.  Titus— J.  F.  Johnston,  W.  C.  Batte  and  Jno.  G. 
.  Chambers. 

District  No.  20.  Cass,  Titus  and  Bowie— H.  R.  Runnels,  W.  S. 
Todd,  W.  Warren  and  R.  H.  Ward. 

District  No.  21.  Upshur— W.  F.  Locke,  S.  W.  Beasley,  J.  S.  New- 
some  and  S.  E.  Black. 

District  No.  24.  Hopkins— W.  T.  Blythe,  R.  S.  Askew  and  W. 
M.  Payne. 

District  No.  26.     Wood— J.  D.  Rains  and  A.  P.  Shuford. 

District  No.  27.  Van  Zandt,  Kaufman  and  Henderson — L.  W. 
Moore,  W.  R.  Payne,  J.  Chisum  and  Wm.  Nash. 


Journal  of  the  Secession  Convention 


21 


Hunt — Jas.  Hooker  and  W.  A.  Mattox. 
Fannin — A.  G.  Nicholson  and  G.  Smith. 
Fannin  and  Hunt — E.  Earley  and  J.  Wilson 
Grayson — W.  W.  Diamond,  Jesse  Marshall  and 


District  No.  28. 

District  No.  29. 

District  No.  30. 

District  No.  31. 
J.  G.  Thompson. 

District  No.  32.     Collin — J.  W.  Throckmorton  and  Sam  Bogart. 

District  No.  34  and  35.     Galveston  and  Brazoria — E.  B.  Nichols, 
Jno.  Muller,  E.  C.  Campbell  and  Jno.  A.  Wharton, 

District  No.  36.     Harris— P.  W.  Gray,  Thos.  S.  Lubbock,  Wm.  P. 
Rogers  and  Wm.  McCraven. 

District  No.  37.     Montgomery,  Grimes  and  Brazos — J.  W.  Hutch- 
ison, R.  J.  Palmer,  J.  H.  Dunham  and  Wm.  Mcintosh. 

District  No.  38.     Walker — A.  P.  Wiley  and  L.  A.  Abercrombie 

District  No.  39.     Leon  and  Madison — Jno.  D.  Stell  and  Robert  S. 
Gould. 

District  No.  40.     Freestone,  Limestone  and  Falls — Chas.  Stewart, 
W.  W.  Peck,  D.  M.  Prendergast  and  John  Gregg. 

District  No.  41.     Navarro  and  Hill — Joseph  A.  Clayton  and  J.  P. 
Weir. 

District  No..  42.     Ellis,  Johnson  and  Parker — A.  T.  Obenchain,  A. 
C.  Hoyle,  T.  C.  Neil  and  A.  Bradshaw. 

District  No.  43.     Tarrant— J.  E.  Cook  and  Nat.   Terry. 

District  No.  44.     Dallas — E.    P.    Nicholson,    Pleasant    Taylor    and 
W.  S.  J.  Adams. 

District  No.  46. 

District  No.  47. 


Cooke,  etc. — Jas.  J.  Diamond. 
Matagorda,  Wharton  and  Fort  Bend — John  Rug- 
eley  and  B,  F.  Terry. 

District  No.  48.     Austin — Edwin  Waller  and  D.  Y.  Portis. 

Colorado — A.  H.  Davidson  and  T.  S.  Anderson. 
Fayette — J.  S.  Lester  and  Thos.  C.  Moore. 
Washington — J.  B.  Robertson  and  W.  S.  Oldham 
Washinton  and  Fayette — J.  E.  Shepard  and  Jno. 


Burleson  and  Robertson — J.  H.  Feeney  and  A. 


District  No.  49. 

District  No.  50. 

District  No.  51. 

District  No.  52. 
W.  Dancy, 

District  No.  53. 
S.  Broaddus. 

District  No.  54.     Bastrop— T.  B.  J.  Hill  and  W.  G.  Miller. 

District  No.  55,  56,  57.  Travis,  Williamson  and  Milam — H.  N. 
Burdett,  George  M.  Flournoy,  Jno.  A.  Green,  B.  Thomasson,  Thos.  P. 
Hughes  and  C.  M.  Lesueur. 

District  No.  58,  Caldwell,  Hays  and  Blanco — Spencer  Ford  and 
J.  C.  Watkins. 

District  No.  59.  Bell  and  Lampasas — Jno.  Henry  Brown  and  E. 
Sterling  C.  Robertson, 


22  Journal  of  the  Secession  Convention 

District  No.  60.     McLennan   and  Bosque — Richard   Coke   and   A. 
Nelson. 

District  No.  61.  Coryell,  Commanche,  etc — J.  M.  Norris  and  T. 
C.  Frost. 

District  No.  62.  Calhoun,  Victoria,  Jackson  and  De  Witt — Field- 
ing Jones,  J.  J.  Holt,  W.  R.  Scurry  and  F.  S.  Stockdale. 

District  No.  63.     Lavacca — Ben  Williams  and  B.  F.  Moss. 

District  No.  64.     Gonzales — ^A.  N.  Mills  and  W.  H.  Stewart. 

District  No.  65.     Guadalupe — Jno.  Ireland,  W.  P.  Hardeman. 

District  No.  66.     Comal— Thos.  Koester,  W.  F.  Preston. 

District  No.  67.     Gillespie,  Kerr,  etc — E.  M.  Ross,  Chas.  Ganahl. 

District  No.  68.  Burnet,  Llano,  etc — Thos.  Moore  and  Thos.  Mc- 
Craw. 

District  No.  69.  Goliad,  Refugio  and  San  Patricio — Pryor  Lea 
and  A.  M.  Hobby 

District  No.  70.  Karnes,  Bee,  etc — John  Littleton,  Jno.  Donalson 
and  Robt.  Graham. 

District  No.  71.  Bexar— Thos.  J.  Devine,  R.  W.  Brahan,  S.  S. 
Smith  and  Jno.  A.  Wilcox. 

District  No.  72.  Bexar,  Medina,  etc — Chas.  De  Montel  and  A. 
Nauendorf. 

District  No.  73.     Cameron — J.  S.  Ford  and  Jas.  Walworth. 

District  No.  75.     Starr  and  ^apata^ — E.  R.  Hord  and  Noah  Cox. 

District  No.  76.  Webb,  Nueces,  etc.— P.  N.  Luckett  and  H.  A. 
Maltby 

District  No.  78.     Wilson,  etc — Claiborne  Rector. 

Your  committee  would  represent  that  district  No-.  2  is  entitled  to 
but  two  delegates,  and  we  find  that  three  are  returned  with  creden- 
tials from  the  two  counties  of  Tyler  and  Hardin  composing  the  dis- 
trict. We  recommend  that  the  three  be  entitled  to  seats  in  the  Con- 
vention with  the  right  to  cast  but  two  votes.  In  district  No.  19  John 
G.  Chambers,  Joshua  F.  Johnson  and  W.  C.  Batte  are  returned  with 
proper  credentials,  when  the  district  under  apportionment  is  entitled 
to  but  two  delegates.  We  recommend  in  this  case  that  Mr.  Johnson 
be  allowed  one  vote  and  Mesrs.  Batte  and  Chambers  one  vote.  In  dis- 
trict No.  15  we  find  four  delegates  with  proper  credentials  to  seats 
in  the  Convention,  when  the  district  is  entitled  to  but  three;  we  rec- 
ommend that  the  four  be  allowed  to  take  seats  in  the  Convention  with 
the  right  to  cast  but  three  votes.  In  district  No,  70  we  find  that  Jno. 
Littleton,  John  Donalson  and  Robt.  Graham  are  entitled  to  seats  in 
the  Convention,  when  the  district  is  entitled  to  but  two  delegates. 
Your  committee  would  also  recommend  that  the  delegates  from  this 
district  be  permitted  to  take  seats  in  the  Convention  with  the  right 
to  cast  but  two  votes.    In  districts  Nos.  55,  56,  and  57  we  find  that 


Journal  op  the  Secession  Convention      -  23 

six  delegates  have  been  elected,  though  not  strictly  in  the  manner  in- 
dicated by  the  call.  The  county  of  Travis  constitutes  district  No.  55 ; 
the  counties  of  Travis  and  Williamson  district  No.  56 ;  and  the  coun- 
ties of  Williamson  and  Milam  district  No.  57.  The  three  districts  are 
entitled  to  six  delegates  all  that  are  claimed  or  returned  but  they 
were  elected  as  follovrs:  three  from  the  county  of  Travis,  which 
is  entitled  to  two  in  its  own  right  and  two  in  conjunction  with 
Williamson;  two  from  the  county  of  Williamson  which  is  entitled  to 
two  in  conjunction  with  Travis  and  two  in  conjunction  with  Milam; 
and  one  from  the  county  of  Milam  which  is  in  conjunction  with  Wil- 
liamson entitled  to  two.  In  view  of  the  fact  that  the  representation 
is  complete  in  point  of  number  and  all  parties  seem  to  be  satisfied 
with  the  manner  in  which  the  representation  is  offered,  the  commit- 
tee recommends  that  the  delegates  as  reported  be  allowed  seats  and 
votes  accordingly.  We  make  the  same  recommendation  in  regard  to 
the  counties  of  Galveston  and  Brazoria  which  are  entitled  to  four  del- 
egates, three  of  whom  were  elected  from  Galveston  and  one  from  Bra- 
zoria county.    All  of  which  is  respectfully  submitted. 

On  motion  of  Mr.  Ochiltree  the  rule  was  suspended  and  the  report 
taken  up. 

Mr.  Green  moved  to  amend  the  report  as  to  the  representation  in 
the  Convention  from  the  56th  representative  district 

On  motion  of  Mr.  Scott  the  Secretary  of  the  Convention  was  re- 
quired to  alter  the  report  of  the  committee  so  as  to  make  it  represent 
the  true  facts  of  the  case  in  relation  to  the  representation  in  the  Con- 
vention from  the  counties  of  Travis,  Williamson,  Milam,  Galveston  and 
Brazoria.     "And  the  report  stands  recorded  as  amended." 

Mr.  Chilton  moved  to  adopt  the  report  with  the  exception  embraced 
in  Mr.  Scott's  motion.    Lost. 

Mr.  Nat  Terry  moved  that  all  the  delegates  reported  be  entitled  to 
seats  and  votes.    Lost. 

On  motion  of  Mr.  Johnson  of  Titus  county  the  report  was  amended 
so  as  to  give  Mr.  Johnson  one  vote  and  his  two  colleagues  the  other 
vote  to  which  the  county  of  Titus  was  entitled. 

Mr.  Cleveland  moved  to  amend  by  adding  at  the  end  of  the  report 
the  recommendation  that  each  delegate  be  entitled  to  one  vote. 

On  motion  laid  on  the  table  and  the  report  adopted  as  it  stands  of 
record. 

Mesrs.  P.  T.  Herbert  and  Russell  Howard  presented  their  creden- 
tials as  delegates  elect  from  the  county  of  El  Paso  to  the  Convention, 
and  were  on  motion  admitted  to  seats  in  the  Convention  and  their 
names  enrolled  as  such. 

Mr.  Terry  of  Tarrant  offered  the  following  resolution 

"Resolved  that  the  President  appoint  a  committee  of  three  to  wait 


24  Journal  op  the  Secession  Convention 

on  his  Excellency  the  Governor  and  inform  him  that  the  Convention 
is  now  organized  and  has  proceeded  to  business.  ["] 

Mr.  Lea  offered  the  following  as  a  substitute 

"Resolved  that  three  committees  each  of  three  members  be  ap- 
pointed to  inform  the  Executive  and  each  branch  of  the  Legislature 
respectively  that  the  Convention  is  organized  and  desires  concert  and 
harmony  between  this  body  and  those  officials  The  latter  as  ordi- 
nary functionaries  of  the  State  government,  and  the  former  as  an  ex- 
traordinary representation  of  the  people  of  Texas  in  their  sov- 
ereignty. ["] 

Mr.  Devine  offered  the  following  as  a  substitute  for  the  substitute. 

*' Resolved  that  a  committee  of  five  be  selected  by  the  President 
whose  duty  shall  be  to  wait  on  the  Executive  of  the  State  and  confer 
with  him  on  subjects  connected  with  our  federal  relations." 

On  motion  of  Mr.  Graham  the  original  resolution  and  substitutes 
were  referred  to  a  committee  of  three  to  be  appointed  by  the  Chair. 

Mesrs.  Graham  of  Rusk,  Devine  and  Hogg  were  appointed  said 
committee. 

On  motion  of  Mr.  Oldham  the  resolution  relating  to  the  same  sub- 
ject, offered  by  Mr.  St  ell  on  yesterday,  was  taken  up  and  referred  to 
the  same  committee. 

On  motion  of  Mr.  Ochiltree,  Mr.  Stell  was  added  to  the  committee. 

On  motion  of  Mr.  Davidson,  Mr.  Oldham  was  added  to  the  com- 
mittee. 

On  motion  of  Mr.  Jennings,  Mr.  Campbell  was  added  to  the  com- 
mittee. 

On  motion  of  Mr.  Mills,  Mr.  Lea  was  added  to  the  committee 

Mr.  Cleveland  offered  the  following  resolution 

''Resolved  that  a  committee  of  fifteen  be  appointed  to  draft  and 
report  the  'Articles  of  Secession '["] 

On  motion  of  Mr.  Oldham,  laid  on  the  table. 

Mr.  Armstrong  offered  the  following  resolution  which  was  adopted. 

* '  Resolved  that  each  committee  raised  by  this  Convention  be  author- 
ized and  required  to  elect  its  own  chairman  ["] 

Mr.  Lock  offered  the  following  resolution  which  was  adopted. 

"Resolved  that  the  President  appoint  the  following  committees,  to 
wit: 

"A  committee  of  one  from  each  judicial  district,  represented  in  the 
Convention,  on  Federal  Relations 

' '  A  like  committee  to  present  business  to  this  Convention  for  its 
consideration. 

"A  committee  on  Finance, 

**A  committee  on  Resolutions  and  a  committee  on  Public  Safety ["] 


Journal  of  the  Secession  Convention  25 

On  motion  of  Mr.  Floumoy  the  Convention  took  a  recess  of  fifteen 
minutes 

At  the  expiration  of  the  time  the  Convention  was  called  to  order, 
when  the  President  announced  the  following  as  the  committee  on  Fed- 
eral Relations,  authorized  by  the  resolution  last  adopted,  viz: 
Mesrs.  Wharton,  Floumoy,  Shepard,  Devine,  Hicks,  Ochiltree,  Gray, 
Todd,  Hogg,  Stockdale,  Herbert,  Hord,  Gregg,  T.  J.  Chambers,  Lea, 
Nat  Terry,  Moore, -Montel,  Coke  and  Marshall. 

The  following  committee  was  appointed  to  present  business  for  the 
consideration  of  the  Convention,  viz:  Waller,  Ireland,  Broaddus, 
Smith  of  Bexar,  Neyland,  Locke,  Campbell,  Runnels,  Hays,  Mills, 
Howard,  Walworth,  Stell,  Charleton,  Nicholson  of  Dallas,  Hughes, 
Ross,  Frost,  Thompson  and  Maltby. 

Mr.  Ochiltree  offered  the  following  resolutions. 

''Resolved  that  the  following  oath  be  administered  to  the  President 
of  the  Convention,  viz:  'I  do  solemnly  swear  that  I  will  faithfully 
and  impartially  discharge  and  perform  the  duties  incumbent  on  me 
as  President  of  the  Convention  of  the  State  of  Texas,  according  to  the 
best  of  my  skill  and  ability,  and  that  to  the  said  State  I  will  true  al- 
legiance bear.    So  help  me  God. ' 

"Resolved  further  that  the  President  when  sworn  shall  administer 
an  oath  in  substance  such  as  the  foregoing  to  each  of  the  members 
and  to  each  of  the  subordinate  officers  of  this  Convention  [ "] 

Mr.  Hicks  moved  to  lay  the  resolutions  upon  the  table.    Lost. 

Mr.  Mills  moved  the  previous  question  which  was  ordered. 

The  resolutions  were  then  adopted. 

Mr.  Waller  moved  that  the  members  and  officers  of  the  Convention 
be  sworn  at  the  same  time. 

On  motion  of  Mr.  Robertson  of  Washington  the  vote  adopting  the 
resolution  was  reconsidered,  and  the  resolutions  were  referred  to  a 
committee  of  "five"  to  be  appointed  by  the  Chair. 

Mr.  Nat  Terry  offered  the  following  resolution  which  on  his  motion 
was  referred  to  the  same  committee. 

"Resolved  by  this  Convention  that  the  Speaker  of  the  House  of 
Representatives  administer  the  oath  to  the  President  of  the  Conven- 
tion. ["] 

Mr.  Wharton  offered  the  following  resolution 

"Resolved  that  without  determining  now  the  manner  in  which  this 
result  should  be  effected,  it  is  the  deliberate  sense  of  this  Convention 
that  the  State  of  Texas  should  separately  secede  from  the  Federal 
Union.  ["] 

On  motion  of  Mr.  Floumoy  the  previous  question  was  ordered  upon 
the  adoption  of  the  resolution,  and  the  resolution  was  adopted  by  the 
following  vote. 


26  Journal  of  the  Secession  Convention 

Yeas,  Mesrs.  Anderson  of  Cherokee,  Anderson  of  Colorado,  Arm- 
strong, Askew,  Abercrombie,  Adams,  Allen,  Burton,  Box,  Black, 
Blythe,  Beazley,  Bradshaw,  Broaddus,  Burdett,  Brown,  Batte,  Brahan, 
Wm.  Chambers,  Thos.  J.  Chambers,  Cleveland,  Casey,  Charleton, 
Chilton,  Chambers  of  Titus,  Clopton,  Chisum,  Campbell,  Cook,  Coke, 
Clayton,  Diamond  of  Cooke,  Diamond  of  Grayson,  Donalson,  Dean, 
Davenport,  Dancy,  Devine,  Davidson,  I^urham,  Field,  Feeney,  Flour- 
noy,  Frost,  Ford  of  Caldwell,  Ford  of  Cameron,  Graham  of  Bee,  Gra- 
ham of  Rusk,  Galloway,  Gray,  Gould,  Gregg,  Green,  Ganahl,  Hicks, 
Hays,  Hogg,  Hooker,  Hutchison,  Hoyle,  Holt,  Hardeman,  Hobby, 
Hord,  Herbert,  Howard,  Hill,  Ireland,  Jennings,  Jones,  Koester,  Kelly, 
Lofton,  Locke,  Littleton,  Thos.  S.  Lubbock,  Luckett,  Lester,  Lea, 
Lesueur,  Maxey,  McCraw,  Moore  of  Henderson,  Montel,  McKay,  Moore 
of  Burnett,  Muller,  McCraven,  Mcintosh,  Moore  of  Fayette,  Maltby, 
Moss,  Miller,  Mills,  Marshall,  Neyland,  Newsome,  Nicholson  of  Dal- 
las, Nichols,  Neal,  Nelson,  Norris,  Nauendorf,  Ochiltree,  Obenchain, 
Oldham,  Peck,  Pope,  Poag,  Payne  of  Hopkins,  Payne  of  Henderson, 
Prendergast,  Palmer,  Price,  Preston,  Portis,  Rainey,  Rhome,  Roberts 
(President),  Robertson  of  Smith,  Rogers  of  Marion,  Runnels,  Rogers 
of  Harris,  Rugeley,  Robertson  of  Washington,  Robertson  of  Bell, 
Rector,  Ross,  Reagan,  Stewart  of  Anderson,  Scott,  Smith  of  Fannin, 
Stell,  Stewart  of  Falls,  Shepard,  Stockdale,  Scurry,  Stewart  of  Gon- 
zales, Smith  of  Bexar,  Todd,  Terry  of  Tarrant,  Terry  of  Fort  Bend, 
Taylor,  Thompson,  Work,  Ward,  Warren,  Wilson,  Wharton,  Wiley, 
Wier,  Waller,  Watkins,  Williams  of  Lavacca,  and  Walworth,  152.^ 

Nays,  Mesrs.  Bogart,  Hughes,  Rains,  Shuford,  Throckmorton  and 
Thomasson,  6  . 

On  motion  of  Mr.  Mills,  Mr.  Johnson  of  Titus  was  excused  from 
voting  on  the  resolution. 

Mr.  Brown  offered  the  following  resolution,  which  was  adopted. 

''Resolved  that  the  Sergeant  at  Arms  under  the  direction  of  the 
President  be  instructed  to  employ  two  negro  men  to  wait  upon  the  Con- 
vention. ["] 

Mr.  Nelson  moved  the  appointment  of  a  committee  of  three  to  wait 
upon  the  Revd.  Mr.  Bayless,  and  request  him  to  act  as  Chaplain  for 
the  Convention,  while  he  was  in  this  city.    Carried. 

*The  total  number  of  names  in  the  foregoing  list  is  155.  However,  152  is 
probably  correct;  it  is  the  result  published  in  The  State  Gazette,  February  2, 
1861.  The  Journal  of  January  30  states  that  Mr., Poag  was  not  present  when 
the  vote  was  taken;  the  names  of  others  may  have  been  added  in  the  same 
manner  as  his. 

The  name  of  John  H.  Reagan  in  this  list  and  the  statement  made  in  the 
Journal  of  January  30  that  he  was  present  on  the  29th — the  second  day  of  the 
Convention — should  be  noted,  since  he  made  and  repeated  the  statement  that 
he  did  not  arrive  in  Austin  until  the  morning  of  the  third  day  ( The  Quarterly 
of  the  Texas  State  Historical  Association,  III,  279,  and  Reagan's  Memoirs, 
104.). 


Journal  of  the  Secession  Convention  27 

Mesrs.  Nelson,  Jones  and  Maxey  were  appointed  the  committee. 
The  following  communication  was  taken  from  the  President's  table 
and  read — 

Hon.  0.  M.  Roberts 

President  of  the  State  Convention. 
Feeling  a  deep  interest  in  the  honor,  welfare,  and  prosperity  of 
our  beloved  State,  we  beg  leave  to  present  to  the  Convention,  now  con,- 
trolling  her  destinies,  upon  the  passage  of  the  ordinance  of  secession^ 
a  banner,  symbolizing  her  resumption  of  State  sovereignty. 

Respectfully 

Bettie  Buckner 
Maggie  Ragsdale 
Ruth  T.  Davidson 
Lillie  Bouldin 
City  of  Austin  Texas 
Jany.  29,  1861. 

Mr.  Rogers  of  Harris  offered  the  following  resolution  which  was 
adopted 

''Resolved  that  a  committee  of  'five'  be  appointed  to  receive  from 
the  ladies  of  Austin  a  flag  to  be  tendered  by  them  to  this  Conven- 
tion. ["] 

The  following  persons  were  appointed  the  committee  Mesrs.  Rogers 
of  Harris,  Flournoy,  Donalson,  Luckett,  and  Robertson  of  Washinton. 

On  motion  of  Mr.  Jennings  the  Convention  adjourned  until  tomor- 
row at  2  o'clock,  P.  M. 


City  of  Austin  Texas, 
Wednesday  January  30,  1861. 

The    Convention    met    pursuant    to    adjournment.     Roll    called, 
quorum  present.     Prayer  by  the  Revd.  Mr.  Bayless. 

The  President  announced  that  he  had  appointed  Julius  Brown  and 
C  .A.  Hopkins  pages  to  the  Convention  on  yesterday. 

The  following  gentlemen  were  admitted  as  permanent  and  duly  ac- 
credited delegates  in  this  Convention  upon  presentation  of  their  cre- 
dentials which  appeared  in  proper  form,  viz:  A.  J.  Nicholson  from 
District  No.  Fannin  county.     J.  N.  Fall  and  Wm.  Clark  jr, 

from  District  No.  Nacogdoches  county.    H.  H.  Edwards  from 

District  No.  Nacogdoches  and  Angelina  counties.    Elbert  Ear- 

ley  from  District  No.  Fannin  and  Hunt  counties.    L.  H.  Wil- 

liams, Geo.  W.  Wright,  Wm.  H.  Johnson  from  District  No. 
Lamar  county. 


28  JOIJRNAL  OF  THE  SECESSION   CONVENTION 

Ml*.  Rainey  presented  his  credentials  which  were  received  and  ap- 
peared in  proper  form. 

T)ie  following  delegates  not  present  on  yesterday  when  the  vote 
was  taken  were  allowed  to  record  their  votes  upon  the  resolution  of- 
fered by  Mr.  Wharton,  declaring  separate  State  secession  the  present 
correct  policy  in  the  opinion  of  this  Convention  on  the  part  of  the 
Sttte  of  Texas,  viz: 

f  eas,  Mesrs.  Poag,  Earley,  Nicholson  of  Fannin,  Wilcox  and  Ed- 
wards, 5. 

Nays,  Mesrs.  Clark  and  Fall,  2. 

Making  the  vote  upon  the  resolution  157  yeas,  8  nays. 

Mr.  Jno.  H.  Reagan  having  been  admitted  to  his  seat  on  yesterday 
presented  his  credentials  which  were  in  proper  form,  from  district 
No.  11  composed  of  the  counties  of  Anderson,  Houston  and  Trinity. 

The  President  announced  the  following  standing  committees  under 
the  resolution  offered  by  Mr.  Locke  on  yesterday. 

Committee  on  Public  Safety.  Mesrs.  1.  Robertson  of  Smith,  2. 
Brown,  3.  Rogers  of  Marion,  4.  Armstrong,  5.  Rainey,  6.  Ford  of 
Cameron,  7.  Rogers  of  Harris,  8.  Norris,  9.  Wilcox,  10.  Thompson,  11. 
Miller,  12.  Green,  13.  Cleveland,  14.  Hooker,  15.  Luckett. 

Committee  on  Finance.  Mesrs.  1.  Nichols,  2.  Stewart  of  Gonzales, 
3.  Scott,  4.  Gould,  5.  Smith  of  Fannin,  6.  Smith  of  Bexar,  7.  Batte,  8. 
Terry  of  Fort  Bend,  9.  Dean. 

Committee  on  Resolutions.  Mesrs.  1.  Wiley,  2.  Poag,  3.  Dancy,  4. 
Diamond  of  Cooke,  5.  Ford  of  Caldwell,  6.  Ganahl,  7.  Hutchison,  8. 
Jennings,  9.  McCraven,  10.  Mills,  11.  Nauendorf,  12.  Obenchain,  13. 
Chilton,  14.  Neyland,  15.  Montel. 

And  the  following  as  the  committee  to  which  was  referred  the  reso- 
lutions relative  to  the  oaths  proposed  to  be  administered  to  the  mem- 
bers and  officers  of  the  Convention,  viz :  Mesrs.  Ochiltree,  Robertson 
of  Washington,  Anderson  of  Cherokee,  Wiley  and  Johnson  of  Titus. 

Mr.  Chilton  offered  the  following  resolution, 

**  Resolved  that  we  have  learned  with  pleasure  that  the  Hon.  Jno. 
McQueen,  commissioner  from  the  sovereign  State  of  South  Carolina 
to  the  State  of  Texas,  has  reached  the  City  of  Austin,  and  that  we 
hereby  invite  him  to  a  seat  upon  the  President's  stand  during  the  ses- 
sion of  this  Convention,  and  that  a  committee  of  three  be  appointed 
to  inform  him  of  this  action.  ["] 

Mr.  Mills  moved  to  refer  the  resolution  to  a  special  committee  of 
two. 

Mr.  Muller  moved  the  previous  question  which  was  ordered. 

The  motion  of  Mr.  Mills  failed. 

Mr.  Dancy  moved  to  lay  the  resolution  on  the  table.    Lost. 


Journal  of  the  Secession  Convention  29 

The  resolution  was  then  adopted, 
Mr.  Rogers  of  Harris  offered  the  following  resolution. 
''Resolved  that  such  of  the  soldiers  of  the  Revolution  of  Texas  as 
are  in  this  city  be  invited  to  seats  within  the  bar  of  the  House,  pro- 
vided they  are  in  favor  of  another  revolution.  [ "] 

On  motion  of  Mr.  Green  the  resolution  was  laid  on  the  table. 
The  following  communication  was  received  from  the  Speaker  of  the 
House  of  Representatives. 

Texas  Capitol 
Jany  30,  1961. 
Hon.  0.  M.  Roberts 

President  of  the  State  Convention. 
Sir. 

At  the  request  of  the  House  of  Representatives,  I  have  the  honor 
to  transmit  herewith  an  Ordinance  of  the  Alabama  State  Convention, 
dissolving  the  union  between  the  State  of  Alabama  and  other  States 
united  under  a  compact  styled  ["]the  Constitution  of  the  United 
States  of  America." 

The  letter  of  William  M.  Brooks,  President  of  the  Alabama  Conven- 
tion, and  that  of  Governor  Houston  transmitting  the  same  is  also  here- 
with enclosed. 

Very  respectfully, 

M.  D.  K.  Taylor. 

Executive  Department 
Austin  Jany  24  1861 
To  Hon  Ed  Clark 

President  of  the  Senate  .  . 

Sir 

I  have  the  honor  to  transmit  herewith  a  communication  purporting 
to  be  from  the  Hon  Wm  M  Brooks,  President  of  the  Alabama  State 
Convention,  with  the  request  that  when  the  same  is  read  it  be  trans- 
mitted to  the  Speaker  of  the  House  of  Representatives. 

Sam  Houston 

Montgomery,  Alabama, 
January  11th,  1861. 
To  His  Excellency 

Governor  of  the  State  of  Texas. 
Sir: 

By  order  of  the  Convention  of  the  People  of  Alabama,  I  have  the 
honor  herewith  to  transmit  to  you  a  copy  of  the  Ordinance  this  day 
passed,  ' '  To  dissolve  the  union  between  the  State  of  Alabama  and  the 


30  Journal  of  the  Secession  Convention 

other  States  united  under  the  compact  styled  'The  United  States  of 
America.'  " 

I  have  the  honor  to  be  very  respectfully 

William  M.  Brooks, 
President  of  the  Convention.     ' 

An  Ordinance  to  dissolve  the  union  between  the  State  of  Alabama 
and  other  States  united  under  the  compact  styled  "The  Constitution 
of  the  United  States  of  America" 

Whereas,  the  election  of  Abraham  Lincoln  and  Hannibal  Hamlin 
to  the  offices  of  president  and  vice-president  of  the  United  States  of 
America,  by  a  sectional  party,  avowedly  hostile  to  the  domestic  insti- 
tutions and  to  the  peace  ^d  security  of  the  people  of  the  State  of 
Alabama,  preceded  by  many  and  dangerous  infractions  of  the  consti- 
tution of  the  United  States  by  many  of  the  States  and  people  of  the 
Northern  section,  is  a  political  wrong  of  so  insulting  and  menacing  a 
character  as  to  justify  the  people  of  the  State  of  Alabama  in  the 
adoption  of  prompt  and  decided  measures  for  their  future  peace  and 
security,  therefore: 

Be  it  declared  and  ordained  by  the  people  of  the  State  of  Alabama, 
in  Convention  assembled.  That  the  State  of  Alabama  now  withdraws, 
and  is  hereby  withdrawn  from  the  Union  known  as  ' '  the  United  States 
of  America,"  and  henceforth  ceases  to  be  one  of  said  United  States, 
and  is,  and  of  right  ought  to  be  a  Sovereign  and  Independent  State. 

Sec.  2.  Be  it  further  declared  and  ordained  by  the  people  of  the 
State  of  Alabama  in  Convention  assembled.  That  all  the  powers  over 
the  Territory  of  said  State^  and  over  the  people  thereof,  heretofore 
delegated  to  the  Government  of  the  United  States  of  America,  be  and 
they  are  hereby  withdrawn  from  said  Government,  and  are  hereby 
resumed  and  vested  in  the  people  of  the  State  of  Alabama. 

And  as  it  is  the  desire  and  purpose  of  the  people  of  Alabama  to 
meet  the  slaveholding  States  of  the  South,  who  may  approve  such 
purpose,  in  order  to  frame  a  provisional  as  well  as  permanent  Gov- 
ernment upon  the  principles  of  the  Constitution  of  the  United  States, 

Be  it  resolved  by  the  people  of  Alabama  in  Convention  assembled, 
That  the  people  of  the  States  of  Delaware,  Maryland,  Virginia,  North 
Carolina,  South  Carolina,  Florida,  Georgia,  Mississippi,  Louisiana, 
Texas,  Arkansas,  Tennessee,  Kentucky  and  Missouri,  be  and  are  here- 
by invited  to  meet  the  people  of  the  State"  of  Alabama,  by  their  Dele- 
gates, in  Convention,  on  the  4th  day  of  February,  A.  D.,  1861,  at  the 
city  of  Montgomery,  in  the  State  of  Alabama,  for  the  purpose  of  con- 
sulting with  each  other  as  to  the  most  effectual  mode  of  securing  con- 
certed and  harmonious  action  in  whatever  measures  may  be  deemed 
most  desirable  for  our  common  peace  and  security. 


Journal  of  the  Secession  Convention  31 

And  be  it  further  resolved,  That  the  President  of  this  Convention, 
be  and  is  hereby  instructed  to  transmit  forthwith  a  copy  of  the  fore- 
going Preamble,  Ordinance,  and  Resolutions  to  the  Governors  of  the 
several  States  named  in  said  resolutions 

Done  by  the  people  of  the  State  of  Alabama,  in  Convention  assem- 
bled, at  Montgomery,  on  this,  the  eleventh  day  of  January,  A.  D.  1861. 

William  M.  Brooks, 
President  of  the  Convention.* 

The  following  communication  was  received  from  the  House  of  Rep- 
resentatives 

Austin  Jany.  30th  1861. 
Hon.  O.  M.  Roberts 

President  of  the  State  Convention 
Sir: 

In  obedience  to  a  resolution  of  the  House  of  Representatives  I  here- 
with transmit  to  your  honorable  body  a  special  communication  re- 
ceived in  the  House  to  day  from  his  Excellency  Gov.  Houston,  rela- 
tive to  certain  resolutions  passed  by  the  Legislature  of  Tennessee  to- 
gether with  said  resolutions 

I  have  the  honor  to  be 

W.  L.  Chalmers 
Chf.  Clk.  H.  of  R. 

Executive  Department,  Austin  Texas 

January  30th  1861. 
Gentlemen  of  the  Senate 

And  House  of  Representatives. 

I  have  the  honor  to  transmit  to  your  honorable  bodies  the  Joint 
Resolutions  adopted  by  the  Legislature  of  the  State,  of  Tennessee  in 
reference  to  certain  resolutions  adopted  by  the  State  of  New  .York. 

In  these  perilous  times  it  is  proper  that  the  Representatives  of  the 
people  of  Texas  should  meet  at  the  threshold  every  assault  upon  their 
liberties,  and  whether  that  assault  codes  in  the  form  of  threats  or 
actual  invasion  it  should  alike  be  repelled. 

Having  called  you  together  to  provide  for  an  expression  of  the 
sovereign  will  of  the  people  at  the  ballot  box,  I  also  deem  it  my  duty 
to  declare  that  while  the  freemen  of  Texas  are  deliberating  upon  this 
question  no  impending  threat  of  coercion  from  the  people  of  another 
State  should  be  permitted  to  hang  over  them  without  at  least  meeting 

*Hon.  J.  M.  Calhoun,  commissioner  from  the  State  of  Alabama,  visited 
Austin  about  January  5,  1861.  Findin-g  neither  the  Legislature  nor  the  Con- 
vention in  session,  he  addressed  himself  to  Governor  Houston.  His  letter  to 
Governor  Houston  and  the  reply  of  the  latter  are  printed  in  the  Journal  of 
the  Senate,  Extra  Session  of  the  Eighth  Legislature,  31-37.  * 


32  Journal  of  the  Secession  Convention 

the  condemnation  of  their  Representatives,  Whatever  that  sovereign 
will  may  be  when  fairly  expressed  it  must  be  maintained.  Texas  as 
one  man  will  defend  it.  While  the  Executive  would  not  counsel  fool- 
ish bravado,  he  deems  it  a  duty  we  owe  to  the  people  to  declare  that 
even  though  their  action  shall  bring  upon  us  the  consequences  which 
now  seem  impending  we  will  all,  be  our  views  in  the  past  or  present 
what  they  may,  be  united. 

Sam  Houston  * 

Joint  Resolution 

Adopted  by  the  Legislature  of  Tennessee. 

Resolved  by  the  General  Assembly  of  the  State  of  Tennessee,  That 
this  General  Assembly  has  heard  with  profound  regret  of  the  resolu- 
tions recently  adopted  by  the  Legislature  of  the  State  of  New  York, 
tendering  men  and  money  to  the  President  of  the  United  States,  to  be 
Msed  in  coercing  certain  sovereign  States  of  the  South  into  obedience 
to  the  Federal  Government. 

Resolved,  That  this  General  Assembly  receives  the  action  of  the 
Legislature  of  New  York  as  the  indication  of  a  purpose  upon  the  part 
of  the  people  of  that  State  to  further  complicate  existing  difficulties, 
by  forcing  the  people  of  the  South  to  the  extremity  of  submission  or 
resistance;  and  so  regarding  it,  the  Governor  of  the  State  of  Ten- 
nessee is  hereby  requested  to  inform  the  Executive  of  the  State  of 
New  York,  that  it  is  the  opinion  of  this  General  Assembly  that  when- 
ever the  authorities  of  that  State  shall  send  armed  forces  to  the  South 
for  the  purpose  indicated  in  said  resolutions,  the  people  of  Tennessee, 
uniting  with  their  brethren  of  the  South  will,  as  one  man,  resist  such 
invasion  of  the  soil  of  the  South  at  any,  hazard  and  to  the  last  ex- 
tremity. 

W.  C.  Whitthome,  Speaker  H  of  R 
Tazwell  W.  Newman  Speaker  of  Sen. 

Mr.  Jennings  moved  to  refer  the  resolutions  to  the  committee  vn 
Public  Safety 

Mr.  Green  moved  to  amend  by  inserting  the  committee  on  Federal 
Relations.    Lost. 

The  motion  of  Mr.  Jennings  then  prevailed. 

Mr.  Ford  of  Caldwell  offered  the  following  resolutions 

''Resolved  1st,  That  this  Convention  will  on  the  day  of 

at  the  hour  of  elect  seven  delegates  to  represent  the  State  of 

Texas  in  a  convention  of  the  States  which  have  seceded  and  which 
may  hereafter  secede  from  the  government  formerly  known  as  the 
United  States  of  America  to  meet  in  the  City  of  Montgomery  in  the 
State  of  Alabama  on  the  4th  day  of  Feby.  A.  D.  1861. 


Journal  of  the  Secession  Convention  33 

''2nd.  That  said  delegates  are  hereby  instructed  to  use  their  ef- 
forts for  the  formation  of  a  provisional  government  for  the  seceded 
States  to  go  into  operation  before  the  4th  day  of  March  A.  D.  1861, 
and  to  offer  in  behalf  of  the  people  of  Texas  to  said  convention  the 
constitution  of  the  late  United  States  as  a  suitable  basis  of  such  pro- 
visional government;  provided  that  said  provisional  government  and 
the  tenure  of  all  offices  and  appointments  under  it  shall  expire  withip 
one  year  from  the  4th  day  of  February  A.  D.  1861,  or  when  a  perma^ 
nent  government  shall  have  been  organized 

''3rd.  That  said  delegates  are  further  instructed  to  use  theif 
efforts  to  procure  the  formation  of  a  Southern  Confederacy  of  the 
seceding  States,  and  that  for  said  purpose  they  urge  upon  said  con- 
ention  the  formation  of  a  constitution  and  plan  of  permanent  gov- 
ernment for  said  Confederacy  which  when  formed  shall  be  referred  to 
the  several  States  for  their  ratification  or  rejection 

"4th.  That  it  is  the  deliberate  sense  of  this  Convention  that  each 
State  represented  in  said  convention  shall  be  entitled  to  one  vote  upon 
all  matters  which  may  be  acted  on  by  said  convention 

"5th.  That  in  case  the  convention  contemplated  by  these  resolu- 
tions does  not  meet  at  the  time  and  place  specified  in  these  resolutions, 
then  the  delegates  elected  by  this  Convention  be  and  they  are  hereby 
accredited  to  any  other  convention  of  the  seceding  States  having  for 
its  object  the  formation  of  a  Southern  Confederacy." 

On  motion  of  Mr.  Terry  of  Tarrant  laid  on  the  table. 

Mr.  Maxey  offered  the  following  resolution 

"Resolved,  That  it  is  the  sense  of  this  Convention  that  when  the 
ordinance  of  secession  is  passed  it  shall  be  referred  to  the  people  of 
the  State  for  their  ratification.  [ "] 

On  motion  of  Mr.  Jennings  the  resolution  was  laid  on  the  table. 

Mr.  Wiley  offered  the  following  resolutions 

"Resolved  that  this  Convention  forthwith  appoint  three  commis- 
sioners to  attend  the  convention  of  the  Southern  States  at  the  City 
of  Montgomery,  Alabama,  to  tender  said  convention  assurances  of  our 
cordial  sympathy  in  its  proceedings,  and  also  of  the  co-operation  of 
Texas  in  extending  and  strengthening  a  Southern  Confederacy,  as 
soon  as  her  people  can  act  authoritatively  in  the  premises,  and  that 
said  commissioners  be  instructed  to  urge  upon  said  conventon  the 
propriety  of  styling  the  constitution  it  may  adopt  'The  Constitution 
of  the  Southern  United  States';  and  also  providing  therein  for  the 
admission  of  any  of  the  slave-holding  States  which  may  hereafter 
ratify  the  same,  hy  a  vote  of  its  people;  and  recognizing  their  senators 
and  representatives,  respectively,  in  the  present  congress  of  the 
United  States,  as  duly  qualified  to  represent  them,  respectively,  in  the 


34  Journal  of  the  Secession  Convention 

Southern  United  States,  and  also  providing  for  the  continuance  in 
office,  under  the  new  federal  government,  of  the  existing  federal 
officers  in  each  of  the  slave-holding  States  that  may  hereafter  come 
into  the  Union  of  the  Southern  United  States.  ["] 

Mr.  Gray  offered  the  following  resolution  as  a  substitute  for  the 
foregoing 

"Resolved  that  the  people  of  Texas  are  in  favor  of  the  speedy  for- 
mation of  a  federal  union  with  other  slave-holding  States." 

On  motion  of  Mr.  Scurry  the  resolution  and  substitute  were  laid  on 
the  table. 

Mr.  Graham  from  the  committee  to  which  were  referred  the  resolu- 
tions relative  to  waiting  on  the  Governor  made  the  following  report. 

To  the  Hon  0.  M.  Roberts 

President  of  the  Convention 

The  special  committee  appointed  for  the  purpose  of  considering 
the  resolution  and  substitutes  proposing  to  raise  a  committee  to  wait 
upon  the  Governor  have  discharged  that  duty,  and  beg  leave  to  report 
the  accompanying  resolutions  as  a  substitute  and  recommend  their 
adoption. 

"Resolved  that  a  committee  of  five  be  appointed  by  the  President 
whose  duty  it  shall  be  to  wait  on  the  Executive  of  the  State  and  confer 
with  him  on  subjects  connected  with  our  federal  relations;  and  also 
that  a  like  committee  of  five  be  appointed  by  the  President  to  inform 
the  Legislature  now  in  session  that  this  Convention  is  organized  and 
ready  for  business. 

"Resolved  2nd,  that  it  is  the  desire  of  this  Convention  to  act  in 
harmony  with  the  different  Departments  of  our  State  Government." 

On  motion  of  Mr.  Graham  the  rule  was  suspended,  the  resolutions 
taken  up  and  adopted. 

The  President  appointed  the  following  persons  the  committee. 
Mesrs.  Reagan,  Gray,  Rogers  of  Harris,  Stell  and  Devine 

Mr.  Rogers  of  Harris  offered  the  following  resolution  which  was 
adopted. 

* '  Resolved  that  a  committee  on  Foreign  Relations  composed  of  seven 
persons  be  appointed  by  the  President  of  this  Convention" 

Mr.  Beazley  offered  the  following  resolutions 

1st.  "Resolved  that  it  is  the  request  of  this  Convention  that  the 
House  of  Representatives  grant  it  the  use  of  this  Hall  during  busi- 
ness hours  until  this  Convention  shall  have  concluded  its  delibera- 
tions 

2nd.  "That  the  Secretary  of  this  Convention  prepare  a  copy  of 
the  same  and  present  it  to  the  Hon.  M.  D.  K.  Taylor,  Speaker  of  the 


Journal  of  the  Secession  Convention  35 

House  of  Representatives,  with  a  request  that  he  lay  the  same  before 
that  body." 

On  motion  of  Mr.  Nelson  laid  on  the  table. 

The  President  announced  the  following  as  the  committee  to  wait 
upon  the  Hon.  Jno.  McQueen,  commissioner  from  the  State  of  South 
Carolina.     Mesrs.  Chilton,  Wilcox  and  Lubbock. 

On  motion  of  Mr.  Ochiltree  the  Convention  took  a  recess  of  twenty 
minutes. 

At  the  expiration  of  the  time  the  Convention  was  called  to  order. 

The  committee  appointed  to  wait  upon  the  Hon.  Jno.  McQueen  re- 
ported that  duty  performed,  when  he  was  introduced  to  the  Conven- 
tion with  appropriate  honor  and  invited  to  a  seat  on  the  President's 
left. 

Mr.  T.  J.  Chambers,  chairman  of  the  committee  on  Federal  Rela- 
tions, made  the  following  report 

To  the  President  of  the  Convention  of  the  State  of  Texas. 

The  undersigned  chairman  of  the  committee  on  Federal  Relations 
has  been  instructed  by  the  committee  to  report  and  recommend  the 
accompanying  ' '  Ordinance  to  dissolve  the  union  of  the  State  of  Texas 
with  the  government  of  the  United  States  of  America,  and  to  resumo 
all  the  powers  delegated  to  that  government  and  her  position  of 
equality  among  the  nations  of  the  earth" 

Upon  the  adoption  of  this  part  of  the  ordinance  there  was  com- 
plete unanimity  in  the  committee,  but  the  chairman  regrets  to  have 
to  report  that  the  same  unaimity  could  not  prevail  upon  the  adoption 
of  the  second  section,  for  the  submission  of  the  ordinance  to  the 
people  for  their  ratification.  There  was  a  minority  of  the  committee 
and  with  them  the  chairman  who  believed  that  the  circumstances  in 
which  we  are  placed,  and  the  danger  by  which  we  are  surrounded, 
demand  that  the  ordinance  should  be  adopted  by  the  Convention  in 
such  form  as  to  infuse  into  it  immediate  and  effective  vitality. 

All  of  which  is  respectfully  submitted. 

T.  J.  Chambers,  Chrmn. 

An  Ordinance  to  dissolve  the  union  between  the  State  of  Texas 
and  the  other  States,  united  under  the  compact  styled  ''The  Consti- 
tution of  the  United  States  of  America. ' ' 

Sec.  1.  Whereas,  The  Federal  Govertfment  has  failed  to  accom- 
plish the  purposes  of  the  compact  of  union  between  these  States  in 
giving  protection  either  to  the  persons  of  our  people  upon  an  exposed 
frontier  or  to  the  property  of  our  citizens ;  and  whereas  the  action  of 
the  Northern  States  of  the  Union,  and  the  recent  development  in  fed- 
eral affairs,  make  it  evident  that  the  power  of  the  Federal  Govern- 


36  Journal  of  the  Secession  Convention 

ment  is  sought  to  be  made  a  weapon  with  which  to  strike  down  the 
interests  and  prosperity  of  the  Southern  people,  instead  of  permit- 
ting it  to  be  as  it  was  intended  our  shield  against  outrage  and  ag- 
gression: Therefore 

We  the  people  of  the  State  of  Texas  in  Convention  do  declare  and 
ordain,  that  the  ordinance  adopted  by  our  Convention  of  delegates 
on  the  4th  day  of  July  A.  D.  1845,  and  afterwards  ratified  by  us, 
under  which  the  Eepublic  of  Texas  was  admitted  into  union  vvith 
other  States  and  became  a  party  to  the  compact  styled  ''The  Consti- 
tution of  the  United  States  of  America"  be  and  is  hereby  repealed 
and  annulled;  that  all  the  powers  which  by  said  compact  were  dele- 
gated by  Texas  to  the  Federal  Government  are  revoked  and  resumed; 
that  Texas  is  of  right  absolved  from  all  restraints  and  obligations 
incurred  by  said  compact  and  is  a  separate  sovereign  State. 

Sec.  2.  This  ordinance  shall  be  submitted  to  the  people  of  Texas 
for  ratification  or  rejection  by  the  qualified  voters  on  the  23rd  day 
of  February  A.  D.  1861,  and  unless  rejected  by  a  majority  of  the 
votes  cast  shall  take  effect  and  be  in  force  on  and  after  the  2nd  day 
of  March,  A.  D.  1861. 

Done  by  the  people  of  the  State  of  Texas  in  Convention  assembled 
at  Austin,  this  day  of  ,  A.  D.  1861. 

The  Ordinance  was  read  1st  time. 

Mr.  Ochiltree,  from  the  committee  on  Federal  Relations,  made  the 
following  minority  report. 

To  the  President  of  the  Convention. 

The  minority  of  the  committee  on  Federal  Relations  concur  fully 
with  the  majority  in  recommending  the  adoption  of  the  orrlinance 
reported  by  the  f-:aid  committee ;  but  we  ask  leave  respectfully  to  dis- 
sent from  the  resolution  accompanying  the  ordinance,  which  pro- 
poses to  refer  said  ordinance  to  a  vote  of  the  people  for  ratification 
or  rejection.  The  minority  are  of  the  opinion  that  the  best  interests 
of  the  people  of  the  State  would  be  served  by  giving  an  immediate 
operation  to  the  ordinance  of  secession. 

W.   B.   Ochiltree 
A.  W.  0.  Hicks 
Wm.  S.  Todd 
P.  T.  Herbert. 
Mr.  Scott  moved  a  suspension  of  the  rules  in  order  that  the  re- 
ports might  be  taken  up  for  action. 

On  motion  of  Mr.  Rainej^  the  Convention  adjourned  until  7  % 
o'clock  P.  M.  to  meet  in  secret  session. 


Journal  of  the  Secession  Convention  37 

Jany  30th/61,  7  1/2  o'clock,  P.  M. 
In  Secret  Session. 

The    Convention    met    pursuant    to    adjournment.     Roll    called. 
Quorum  present. 

On  motion  of  Mr.  Rogers  of  Harris  the  Hon.  Royal  T.  Wheeler 
was  admitted  into  the  secret  session  of  the  Convention. 

On  motion  of  Mr.  Oldham  Lt.  Gov.  Ed.  Clark  was  admitted  into 
the  secret  session  of  the  Convention 

By  leave  Mr.  Chilton  introduced  the  petition  of  the  "Tyler 
Dragoons"  which  was  referred  to  the  committee  on  Public  Safety. 

By  leave  Mr.  Brown  introduced  an  ordinance  to  secure  the  friend- 
ship and  cooperation  of  the  Choctaw,  Chickasaw,  Cherokee,  Creek  and 
other  Indian  nations. 

On  motion  of  Mr.  Brown  the  ordinance  was  referred  to  the  com- 
mittee on  Public  Safety  without  reading. 

By  leave,  Mr.  Reagan  from  the  committee  to  wait  upon  the  gov- 
ernor made  the  following  report. 

To  the  President  of  the  Convention  of  the  people  of  Texas. 

The  committee  appointed  to  confer  with  the  Executive  of  the  State 
on  the  condition  of  our  federal  relations,  report  that  they  waited 
on  the  Governor  and  informed  him  of  our  official  character  and  the 
purport  of  our  visit.  He  received  us  with  due  respect,  expressed 
his  thanks  for  this  action  of  the  Convention,  and  assured  us  that  he 
would  communicate  his  views  in  writing  on  to-morrow  by  11  o'clock 
A.  M.  as  he  understood  that  the  Convention  met  in  the  afternoon. 
On  our  delivering  to  him  a  copy  of  the  resolutions  under  which  we 
acted,  and  enquiring  whether  the  answer  he  had  given  was  to  be  un- 
derstood as  his  definite  answer  to  our  visit  for  conference,  he  replied 
that  it  was  for  the  present,  and  that  he  would  communicate  further 
in  writing  to-morrow.  The  committee  propose  to  wait  on  the  Gov- 
ernor for  his  communication  at  the  time  designated. 

Jno.  H.  Reagan 
P.  W.  Gray 
Jno.  D.  Stell 
Thos.    J.    Devlne 
W.  P.  Rogers. 
By  leave,  Mr.  Stell  chairman  of  the  committee  to  present  business 
for  the  consideration  of  this  Convention  reported  '*An  Ordinance  to 
provide  for  the  appointment  of  Delegates  from  the  State  of  Texas  to 
a  Convention  of  the  Southern  Seceded  States,  ["]  and  recommended 
it  to  the  favorable  consideration  of  the  Convention. 
The  ordinance  was  read  1st  time. 


38  Journal  of  the  Secession  Convention 

The  motion  of  Mr.  Scott,  to  suspend  the  rules  for  the  purpose  of 
taking  up  the  reports  of  the  majority  and  minority  of  the  committee 
upon  Federal  Relations,  and  ''The  Ordinance  to  dissolve  the  Union 
between  the  State  of  Texas  and  the  other  States  united  under  the 
compact  styled  'the  Constitution  of  the  United  States  of  America '["] 
reported  thereby,  being  next  in  order,  carried.  And  the  reports  and 
ordinance  were  taken  up  and  read. 

The  Convention  then  proceeded  to  the  consideration  of  the  ordi- 
nance. 

Mr.  Wiley  offered  "An  Ordinance  to  dissolve  the  existing  union 
between  the  State  of  Texas  and  other  States,  under  a  compact  en- 
titled 'United  States  of  America'  and  to  establish  a  new  constitution 
of  Government"  as  a  substitute. 

An  ordinance  to  dissolve  the  existing  union  between  the  State  of 
Texas  and  other  States  under  a  compact  entitled  'Constitution  of  the 
United  States  of  America'  and  to  establish  a  new  constitution  of 
Government 

Sec.  1.  We  the  people  of  the  State  of  Texas  by  our  duly  elected 
delegates  in  Convention  assembled  do  declare  and  ordain,  and  it  is 
hereby  declared  and  ordained  that  the  union  by  a  written  compact 
between  the  State  of  Texas  and  the  other  States,  under  the  name  of 
the  United  States  of  America,  having  failed  to  answer  the  ends  of 
its  formation,  is  hereby  dissolved,  and  that  Texas  is  and  of  right 
ought  to  be  a  free  and  independent  State,  that  her  citizens  and  peo- 
ple are  absolved  from  all  allegiance  to  the  United  States  or  the  gov- 
ernment thereof,  and  that  as  a  free  and  independent  State  she  has 
full  power  to  do  all  acts  and  things  which  independent  States  may  of 
right  do. 

Sec.  2.  In  order  to  avoid  as  much  as  possible  the  inconvenience 
consequent  upon  the  transition  from  the  Federal  Union  to  the  posi- 
tion of  an  independent  State,  it  is  further  declared  and  ordained  that 
all  parts  of  the  existing  State  constitution  and  laws,  not  repugnant 
to  the  foregoing  ordinance  and  the  provisions  following,  shall  con- 
tinue in  full  force  and  effect  as  far  as  the  same  may  be  applicable  to 
our  changed  condition ;  and  that  all  the  officers  of  the  existing  State 
government  shall  hold  their  offices  and  perform  the  duties  thereof 
for  and  during  their  respective  terms,  provided  nevertheless  that 
each  of  said  officers  shall  be  bound  by  oath  or  affirmation  to  support 
the  ordinance  of  secession  and  constitution  of  government  adopted 
by  the  Convention;  and  no  officer  of  the  existing  State  government 
shall  proceed  in  the  discharge  of  the  duties  of  his  office  until  he  has 
taken  said  oath  or  affirmation  to  be  administered  as  herein  provided, 
viz:     To  the  Governor  by  the  Lt.  Governor,  as  soon  as  practicable 


Journal  of  the  Secession  Convention  39 

after  this  ordinance  and  constitution  take  effect,  and  to  all  other 
officers  by  any  officer  authorized  by  law  to  administer  oaths;  and  in 
case  the  Governor  for  a  week,  or  any  other  officer  for  the  period 
of  [a]  whole  month  after  this  ordinance  and  constitution  take  effect, 
neglect  or  fail  to  take  said  oath  or  affirmation  his  office  shall  be 
deemed  and  held  vacant  and  the  same  filled  and  the  duties  thereof 
discharged  as  though  he  were  dead  or  had  resigned  The  said 
oath  or  affirmation  shall  be  administered  in  the  form  following,  to 
wit:  ''I  (A.  B.)  do  solemnly  swear  or  affirm  (as  the  case  may  be) 
that  I  will  support  the  ordinance  of  secession  and  the  constitution 
of  government  ratified  by  the  people  of  Tex,as  on  the  day  of 

in  the  year  1861.  So  help  me  God." 
Sec.  3.  Immediately  after  the  adjournment  of  this  Convention, 
the  Governor  of  this  State,  or  in  case  of  his  fault  the  Lieut.  Governor, 
shall  issue  his  proclamation  directing  the  chief  justices  of  the  sev- 
eral counties  of  this  State,  and  the  several  chief  justices  are  hereby 
required  to  cause  polls  to  be  opened  in  their  respective  counties  at 
the  established  precincts  on  the  day  of  Feby.  1861,  for  the 

purpose  of  taking  the  sense  of  the  people  of  Texas  upon  the  ordi- 
nance of  secession  and  constitution  of  government  adopted  by  this 
Convention,  and  also  upon  any  constitution  of  general  government 
for  the  slave-holding  States  that  may  be  adopted  by  the  convention 
to  assemble  at  the  City  of  Montgomery,  Alabama,  on  the  4th  day  of 
Feby.  A.  D.  1861,  and  the  votes  of  all  persons  entitled  to  vote  under 
the  existing  laws  shall  be  received.  Each  voter  shall  express  his 
opinion  "viva  voce"  either  for  the  ratification  of  the  ordinance  of 
secession  and  constitution  of  State  government  or  for  the  rejection 
of  the  ordinance  of  secession  and  constitution  of  State  government, 
and  at  the  same  time  the  vote  shall  be  taken  in  like  manner  for  the 
ratification  of  any  constitution  of  general  government  for  the  South- 
ern United  States  that  may  be  adopted  at  Montgomery,  Alabama,  with 
a  view  to  make  Texas  a  party  thereto,  or  for  the  rejection  thereof, 
and  each  issue  submitted  to  the  people  shall  be  decided  by  a  majority 
of  the  votes  cast  thereon.  The  election  shall  be  conducted  in 
conformity  to  existing  laws  regulating  elections,  and  the  chief  jus- 
tices of  the  several  counties  shall  promptly  and  carefully  make  trip- 
licate returns  of  said  polls,  one  of  which  shall  be  transmitted  to  the 
Secretary  of  State,  one  to  the  Lieut.  Governor,  and  the  other  deposited 
in  the  clerk's  office  of  the  county  court.  In  case  any  chief  justice 
shall  make  default  herein,  any  one  or  more  of  the  county  commis- 
sioners are  authorized  to  perform  the  duties  enjoined  upon  the  chief 
justices,  and  in  case  of  their  default  then  the  people  may  assemble 
at  the  various  precincts  on  the  day  of  election,  appoint  presiding  offi- 


40  Journal  of  the  Secession  Convention 

cers  or  managers  and  make  returns  as  herein  provided.  Upon  the 
receipt  of  said  returns  upon  the  day  of  March  A.  D.  1861, 

(if  the  returns  be  not  sooner  made),  it  shall  be  the  duty  of  the  Gov- 
ernor or  in  case  of  his  default  the  Lieut.  Governor,  in  the  presence 
of  such  persons  as  may  choose  to  attend,  to  compare  the  votes  given 
for  the  ratification  or  rejection  of  the  ordinance  of  secession  and 
constitution  of  State  government,  and  also  the  votes  given  for  the 
ratification  or  rejection  of  any  constitution  qf  general  government 
for  the  Southern  United  States  that  may  be  adopted  at  Montgomery, 
Alabama,  and  if  it  should  appear  from  the  returns  that  a  majority 
of  the  votes  given  is  for  the  ratification  of  the  ordinance  of  seces- 
sion and  constitution  of  State  government  adopted  by  the  Conven- 
tion, then  it  shall  at  once  be  the  duty  of  the  Governor,  or  in  case  of 
his  default  the  Lieut.  Governor,  to  make  proclamation  of  the  fact,  and 
thenceforth  the  ordinance  of  secession  and  constitution  of  State 
government  adopted  by  this  Convention  shall  take  effect;  and  if  it 
shall  also  appear  from  the  returns  that  a  majority  of  the  votes  given 
is  for  the  ratification  of  the  constitution  of  general  government  for 
the  Southern  United  States  that  may  be  adopted  at  Montgomery,  Ala- 
bama, then  it  shall  be  in  like  manner  the  duty  of  the  Governor,  or  in 
case  of  his  default,  the  Lieut.  Governor  to  make  proclamation  of  the 
fact,  and  thenceforth  Texas  shall  be  one  of  the  Southern  United 
States,  with  a  written  federal  constitution  to  take  effect  at  the  same 
time  with  the  ordinance  of  secession  and  constitution  of  State  gov- 
ernment; the  authority  for  each  act  being  the  sovereign  will  of  the 
people  of  Texas.  In  the  event  of  the  ratification  by  the  people  of 
Texas  of  the  ordinance  of  secession  and  constitution  of  State  gov- 
ernment and  federal  government  of  the  Southern  United  States,  the 
Governor  of  this  State  or  iil  his  default  the  Lieut.  Governor  is  au- 
thorized and  required  to  transmit  to  the  executive  of  the  Southern 
United  States  duplicate  copies  of  the  ordinance  of  secession  and 
•constitution  of  State  government  of  Texas  properly  authenticated, 
.^Iso  properly  authenticated  statements  of  the  number  of  votes  given 
for  the  ratification  of  the  federal  constitution  of  the  Southern  United 
States,  and  the  number  for  the  rejection,  one  of  which  copies  shall 
be  transmitted  by  mail,  and  one  copy  by  special  messenger  in  time 
to  reach  the  seat  of  government  of  the  Southern  United  States  on 
or  before  the  day  of  May  next. 

On  motion  of  Mr.  Field  the  ordinance  offered  by  Mr.  Wiley  was 
laid  on  the  table. 

The  question  recurring  upon  the  ordinance  offered  by  the  com- 
mittee on  Federal  Relations,  Mr.  Gregg  moved  to  strike  out  the  2nd 
Section. 


Journal  op  the  Secession  Convention  41 

Pending  which  motion  on  motion  of  Mr.  Wharton  the  Convention 
adjourned  until  tomorrow  at  11  o'clock,  A.  M.,  to  meet  in  secret 
session. 


City  of  Austin  Texas 
Thursday,  Jany.  31st  1861. 
In  Secret  Session. 

The  Convention  met  pursuant  to  adjournment,  at  11  o'clock  A.  M. 
Roll  called,     quorum  present. 

Mr.  Hord  presented  the  credentials  of  Mr.  F.  W.  Latham,  which 
were  received,  and  Mr.  Latham  took  his  seat  in  the  Convention. 

Mr.  Davidson  moved  to  add  Mr.  Ganahl  to  the  committee  on  Public 
Safety,  which  was  carried 

Mr.  Jennings  moved  to  add  Mr.  Latham  to  the  same  committee, 
which  was  carried. 

On  motion  of  Mr.  Anderson  of  Colorado,  Mr.  Oldham  was  added 
to  the  same  committee 

On  motion  of  Mr.  Chilton,  Mr.  W.  L.  Chalmers  and  Mr.  H.  H. 
Haynie  were  requested  to  act*  as  Secretaries  to  the  Convention  during 
the  temporary  absence  of  the  Secretary,  occasioned  by  a  family  be- 
reavement. 

On  motion  of  Mr.  Gregg,  Mr.  Reagan  was  added  to  the  committee 
on  Federal  Relations 

By  leave,  Mr.  Maxey  submitted  the  following  report, 

''The  committee  charged  with  the  duty  of  informing  the  Revd.  W. 
H.  Bayless  of  his  election  as  chaplain  of  the  Convention,  beg  leave  to 
report  that  they  have  performed  that  duty  and  the  Revd.  Gentleman 
has  signified  his  acceptance  of  the  same." 

By  leave,  Mr.  Gregg  offered  the  following  resolution, 

''Resolved  that  the  committee  on  Finance  be  instructed  to  confer 
with  such  committees  as  the  House  and  Senate  may  appoint  concern- 
ing an  appropriation  of  such  funds  as  the  State  government  may 
have  in  possession,  and  such  as  it  may  raise  by  the  ordinary  modes  of 
taxation  and  that  the  same  committee  be  instructed  to  report  to  the 
Convention  a  statement  of  the  available  means  of  the  State  and  what 
appropriations  have  been  made["]     Adopted. 

Mr.  Chilton  offered  the  following  preamble  and  resolutions, 

"Whereas  it  is  the  opinion  of  this  Convention  that  the  capacity  of 
a  free  government  for  self-reliance  depends  much  upon  its  capacity 
for  supplying  all  the  reasonable  demands  of  its  citizens,  and  whereas 
the  future  may  devolve  upon  the  State  of  Texas  a  dependence  upon 
her  internal  resources,  and  whereas  further  it  is  the  duty  of  the  leg- 


42  Journal  op  the  Secession  Convention 

islative  department  of  every  government  to  provide  such  laws  as  will 
foster  every  branch  of  industry  within  its  limits,  therefore 

**Be  it  resolved,  That  we  most  respectfully  recommend  to  the  Legis- 
lature of  this  State  now  in  session  the  propriety  of  enacting  some  law 
giving  adequate  protection  to  and  extending  the  fostering  care  of  the 
State  over  the  manufacturing  interests  and  enterprise  of  Texas.  ['*] 

Referred  to  the  committee  on  Resolutions. 

Mr.  Muller  offered  the  following  resolution 

** Resolved  that  a  committee  of  seven  be  appointed  on  'Commerce, 
Revenue  and  Navigation  ['  "]     Adopted. 

The  question  pending  when  the  Convention  adjourned  last  night, 
viz:  the  motion  to  strike  out  the  2nd  section  of  the  ordinance  of 
secession,  was  taken  up. 

On  motion  of  Mr.  Flournoy  the  Convention  adjourned  until  2  V2 
o'clock,  P.  M. 

Thursday  Jany  31/61.    2  o'clock,  P.  M. 

The  Convention  met.     Roll  called.     Quorum  present. 

Mr.  Davidson  moved  that  some  delegate  be  appointed  to  receive  the 
flag  to  be  presented  to  the  Convention  by  the  ladies.     Carried. 

The  president  appointed  Jno.  A.  Wharton  to  perform  that  duty. 

On  motion  of  Mr.  Rogers  of  Harris  the  President  administered  an 
oath  of  secrecy  to  the  delegates  and  officers  during  the  secret  ses- 
sions, until  the  seal  of  secresy  should  be  removed. 

Mr.  Nash  asked  and  obtained  leave  to  record  his  vote  in  favor  of 
Mr.  Wharton's  resolution  relative  to  secession. 

The  question  pending,  when  the  Convention  adjourned,  viz:  the 
motion  to  strike  out  the  2nd  section  of  the  ordinance  of  secession, 
was  again  taken  up. 

Mr.  Ireland  moved  to  substitute  the  motion  to  strike  out  the  2nd 
section  by  the  following  to  come  in  at  the  end  of  the  1st  section  "and 
that  this  ordinance  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

"Sec.  2.  to  read  as  follows,  'That  this  ordinance  shall  be  submitted 
to  the  people  of  Texas  for  rejection  by  the  qualified  voters  on  the 
23rd  day  of  February  A.  D.  1861,  and  unless  rescinded  by  a  majority 
of  votes  cast,  shall  remain  in  effect  and  be  in  force  from  and  after 
its  passage. '["] 

Mr.  T.  J.  Chambers  offered  the  following  as  a  substitute  for  the 
substitute,  and  for  the  2nd  section  of  the  ordinance. 

ScQ.  2.  Be  it  ordained  that  the  powers  delegated  to  the  gov- 
ernment of  the  United  States  of  America,  and  now  resumed,  be  de- 


Journal  of  the  Secession  Convention  43 

posited  in  the  existing  government  of  the  State,  to  be  exercised  acr 
cording  to  the  division  of  powers  established  in  the  constitution  of 
the  State. 

Sec.  3.  Be  it  ordained  that  there  shall  be  an  election  held  on 
the  23rd  day  of  February  next  for  a  governor  and  members  of  the 
legislature  of  the  State  in  accordance  with  the  last  apportionment 
and  the  existing  laws,  and  under  such  further  regulation  as  the  pres- 
ent legislature  may  deem  expedient,  and  the  said  governor  and  mem- 
bers of  the  legislature  to  be  thus  elected  shall  enter  upon  the  dis- 
charge of  their  respective  duties  on  the  2nd  day  of  March  next,  and 
continue  in  the  exercise  of  their  powers  until  they  may  be  super- 
seded by  others  to  be  elected  and  installed  according  to  the  existing 
laws;  provided  the  action  of  this  Convention  shall  be  ratified  by  a 
majority  of  the  members  elected.  And  in  order  that  the  will  of  the 
people  may  be  ascertained  each  voter  shall  endorse  on  his  ticket  the 
word  'ratified'  if  it  be  his  will  to  sustain  the  action  of  the  Conven- 
tion, and  if  his  will  be  to  reject  the  action  of  the  Convention  then  he 
shall  endorse  on  his  ticket  the  word  'rejected';  and  if  a  majority  of 
the  votes  cast  shall  be  in  favor  of  rejecting  the  action  of  this  Conven- 
tion, then  the  members  elected  shall  assume  the  character  of  a  con- 
vention, clothed  with  full,  powers  to  execute  the  will  of  the  people : 
and  in  the  meantime  this  ordinance  shall  be  the  supreme  law  of  the 
land. 

Sec.  4.  Be  it  ordained  that  there  shall  be  elected  on  the  1st 
day  of  February  next  by  a  joint  vote  of  this  Convention  and  the 
present  Legislature  seven  delegates  to  represent  the  State  of  Texas 
in  a  convention  to  be  composed  of  delegates  from  as  many  slave 
States  as  have  already  or  may  hereafter  dissolve  their  connection 
with  the  government  of  the  United  States  and  may  desire  to  cooperate 
in  the  adoption  of  measures  for  their  common  safety  and  defence, 
and  to  agree  upon  a  basis  of  a  new  confederacy  of  slave  States,  pro- 
vided that  the  State  of  Texas  shall  not  be  bound  as  a  member  of  said 
confederacy  until  the  constitution  thereof  shall  be  ratified  by  the 
people  of  Texas. 

Sec.  5.  Be  it  ordained  that  the  present  Legislature  is  hereby 
authorized  and  enjoined  to  watch  over  and  provide  for  the  safety 
of  the  State,  and  to  see  that  it  suffer  no  detriment  at  the  hands  of  its 
enemies  until  another  legislature  be  duly  installed,  and  for  this  pur- 
pose it  is  authorized  to  adjourn  and  assemble  at  will,  to  pass  all  laws 
necessary  to  carry  into  full  effect  the  powers  heretofore  delegated 
but  now  withdrawn  from  the  Federal  Government,  and  in  the  name 
of  the  State  to  contract  such  debts  and  to  bind  the  State  therefor, 


44  Journal  of  the  Secession  Convention 

not  to  exceed  five  millions  of  dollars  as  may  be  necessary  for  the 
defence  of  the  country. 

Done  at  the  Capitol  in  the  City  of  Austin  this  the  30th  day  of 
Jany.  A.  D.  1861. 

On  motion  of  Mr.  Robertson  of  Smith  the  main  question  was  or- 
dered, being  the  motion  to  strike  out  the  second  section  of  the  ordi- 
nance, the  same  was  put  and  the  vote  stood  thus 

Yeas,  Mesrs.  Campbell,  Casey,  Wm.  Chambers,  T.  J.  Chambers, 
Clopton,  Davenport,  Dean,  Field,  Feeny,  Herbert,  Hicks,  Holt, 
Luckett,  Maltby,  McKay,  Mills,  Ochiltree,  Peck,  Poag,  Pope,  Rogers 
of  Marion,  Scott,  Taylor,  Todd,  Ward,  Warren  and  Wier,  29.^ 

Nays,  Mesrs.  President,  Abercrombie,  Adams,  Allen,  Anderson  of 
Cherokee,  Anderson  of  Colorado,  Armstrong,  Askew,  Batte,  Beasley, 
Box,  Burroughs,  Burdett,  Burton,  Black,  Blythe,  Bradshaw,  Brahan, 
•Broaddus,  Brown,  Chambers  of  Titus,  Charleton,  Chilton,  Chisum, 
Clark,  Clayton,  Cleveland,  Coke,  Cook,  Dancy,  Davidson,  Devine. 
Diamond  of  Cooke,  Diamond  of  Grayson,  Donalson,  Dunham,  Ed- 
wards, Earley,  Fall,  Floumoy,  Ford  of  Caldwell,  Ford  of  Cameron, 
Frost,  Galloway,  Ganahl,  Gould,  Graham  of  Bee,  Graham  of  Rusk, 
Gray,  Green,  Gregg,  Hardeman,  Hays,  Hill,  Hobby,  Hogg,  Hooker, 
Hord,  Howard,  Hoyle,  Hughes,  Hutchison,  Ireland,  Jennings,  John- 
son of  Lamar,  Johnson  of  Titus,  Jones,  Kelly,  Koester,  Lesueur,  Lea, 
Lester,  Littleton,  Lock,  Lofton,  Lubbock,  Maxey,  Mc Craven.  Mc- 
Craw,  Mcintosh,  Miller,  Moore  of  Burnett,  Moore  of  Fayette,  Moore 
of  Henderson,  Montel,  Moss,  Muller,  Nash,  Nauendorf,  Neel,  Nelson, 
Newsome,  Neyland,  Nichols,  Nicholson  of  Dallas,  Nicholson  of  Fan- 
nin, Norris,  Obenchain,  Oldham,  Palmer,  Payne  of  Hopkins,  Payne 
of  Henderson,  Portis,  Prendergast,  Preston,  Price,  Rainey,  Rains, 
Reagan,  Rector,  Rhome,  Robertson  of  Bell,  Robertson  of  Smith,  Rob- 
ertson of  Washington,  Rogers  of  Harris,  Ross,  Rugeley,  Runnels,  Shuf- 
ford,  Scurry,  Shepard,  Smith  of  Bexar,  Smith  of  Fannin,  Stell,  Stew- 
art of  Anderson,  Stewart  of  Falls,  Stewart  of  Gonzales,  Stockdale, 
Terry  of  Fort  Bend,  Terry  of  Tarrant,  Thomasson,  Thompson, 
Throckmorton,  Waller,  Walworth,  Watkins,  Wharton,  Wilcox,  Wiley, 
Williams  of  Lavacca,  Williams  of  Lamar,  Wilson,  Work  and  Wright, 
143.     [Correct  total  145.] 

So  the  Convention  refused  to  strike  out  the  2nd  section  of  the 
ordinance 

The  following  communication  was  taken  from  the  President's  table 
and  read 

^While  only  27  names  appear  in  the  list  above,  The  State  Gazette  (Austin), 
February  9,  1861,  also  reports  the  total  as  being  29. 


Journal  of  the  Secession  Convention  45 

Austin  Jany.  31st  1861. 
To  the  Hon.  O.  M.  Eoberts 

President  of  the  Convention  of  Texas. 
Sir, 

I  have  the  honor  to  inform  you  that  I  have  been  appointed  a  com- 
missioner by  the  Convention  of  South  Carolina  for  the  purpose  of 
laying  the  Ordinance  of  Secession. of  that  State  before  your  Conven- 
tion, and  respectfully  inviting  your  cooperation  in  the  formation  with 
us  and  other  seceding  States  of  a  Southern  Confederacy. 

I  herewith  enclose  you  my  commission  as  such  and  respectfully 
suggest  that  it  will  afford  me  great  pleasure  to  appear  before  your 
Convention  and  discharge  the  duties  of  my  commission  at  any  time, 
after  to  day,  that  will  comport  with  the  convenience  and  pleasure  of 
your  body. 

I  have  the  honor  to  be 

Jno.  McQueen. 

Mr.  Reagan  offered  the  following  resolution  which  was  adopted. 

''Resolved  that  the  President  appoint  a  committee  of  "five*'  to 
wait  upon  the  commissioner  from  South  Carolina,  and  inform  him 
that  his  communication  of  this  date  has  been  received  and  that  it 
will  be  the  pleasure  of  this  Convention  to  receive  him  or  any  com- 
munication he  may  desire  to  make  on  to  morrow  at  2  %  o'clock, 
P.  M.["] 

On  motion  the  Convention  adjourned  until  8  o'clock,  P.  M. 

Thursday  Jany  31st  1861.  8  o'clock,  P.  M. 

The  Convention  met.     Roll  called.     Quorum  present. 

Mr.  Taylor  asked  and  obtained  leave  to  change  his  vote  on  the  mo- 
tion to  strike  out  the  2nd  section  of  the  ordinance  of  secession. 

Mr.  Scarborough,  delegate  elect  from  Cameron  and  Hidalgo  coun- 
ties, came  forward,  presented  his  credentials  and  took  his  seat. 

Mr.  Davidson  offered  a  resolution  relative  to  the  arms  and" 
arsenal  of  the  State  which  was  referred  to  the  committee  on  Public 
Safety 

Mr.  Rainey  proposed  to  amend  the  ordinance  of  secession  as  fol- 
lows, after  the  word  "Union"  in  the  4th  line  insert  the  following 
words,  "is  violative  of  the  compact  between  the  States  and  the  guar- 
antees of  the  Federal  Constitution"  and  after  the  word  "and"  in 
the  same  line  insert  "Whereas".     Adopted. 

Mr.  Scurry  offered  the  following  resolution  by  leave, 

"Resolved  that  S.  Hart  and  P.  T.  Herbert  be  appointed  commis- 
sioners to  Arizona,"  which  was  referred  to  the  committee  on  Public 
Safety. 


46  Journal  of  the  Secession  Convention 

By  leave  Mr.  Ochiltree  offered  the  follov^^ing  resolution, 

*' Resolved  that  it  is  the  opinion  of  the  people  of  the  ^^^^e  of  Texas, 
through  their  delegates  in  Convention  assembled  expressed,  that  the 
principle  embraced  in  what  is  known  as  the  'Monroe  Doctrine'  is  of 
the  most  vital  importance  to  the  State  of  Texas,  and  will  be  of  equal 
importance  to  any  confederation  of  the  slave  States  hereafter  to  be 
established,  and  that  our  delegates  hereafter  to  be  appointed  to  rep- 
resent the  State  of  Texas  in  a  convention  of  the  seceding  States  to  be 
held  in  the  City  of  Montgomery  on  the  day  of  next 

be  required  to  present  said  matter  to  the  consideration  of  said  con- 
vention, and  to  urge  upon  the  same  the  enforcement  of  said  doc- 
trine.'* 

Referred  to  the  committee  on  Federal  Relations 

The  President  announced  Mesrs.  Reagan,  Ochiltree,  Gregg,  Frost 
and  Abercrombie  a  committee  to  wait  on  the  commissioner  from 
South  Carolina. 

On  motion  of  Mr.  Ireland  the  doors  of  the  Convention  were  thrown 
open. 

Mr.  Brown  offered  the  following  amendment  to  the  1st  Section  6th 
line  of  the  ordinance  after  the  words  ''the  Southern  people"  insert 
the  words  "Texas  and  her  sister  slave-holding  States."-    Adopted. 

Mr.  Nelson  offered  the  following  resolution  which  was  adopted. 

"Resolved  that  this  Convention  will  proceed  to  vote  upon  the  ordi- 
nance of  secession  without  debate  tomorrow  at  12  o'clock,  M. ["] 

Mr.  Howard  proposed  to  amend  the  ordinance  as  follows:  Add  to 
Sec.  2nd  the  following  proviso,  "Provided  that  in  the  representative 
district  of  El  Paso  said  election  may  be  held  on  the  18th  day  of  Feby. 
A.  D.  1861.  ["]     Adopted. 

Mr.  Gray  offered  the  following  amendment:  Insert  ["]Sec.  3.  All 
rights  of  property  or  contracts  acquired  or  vested  under  the  consti- 
tution of  the  United  States  or  laws  or  treaties  in  pursuance  thereof 
or  under  the  laws  of  the  State,  which  are  not  incompatible  with  this 
Ordinance  shall  remain  as  valid  as  before  its  adoption.  ["] 

On  motion  of  Mr.  Nelson  the  previous  question  was  ordered,  which 
being  the  engrossment  of  the  ordinance,  the  same  was  put  and  carried. 

Mr.  Devine  made  the  following  report  from  the  committe  ap- 
pointed to  wait  on  the  Governor 

Committee  room  Jany.  31st/61. 
To  the  President  of  the  Convention 

The  committee  appointed  to  confer  with  the  Governor  upon  the 
subject  of  our  federal  relations  report  that  we  have  waited  on  him 
according  to  appointment,  and  have  received  as  the  result  of  our 


Journal  op  the  Secession  Convention  47 

conference  the  accompanying  communication  in  writing  from  him, 
and  herewith  report  the  same  for  the  consideration  of  the  Convention. 

Jno.  H.  Reagan, 
Jno.  D.  Stell, 
P.  W.  Gray, 
W.  P.  Rogers, 
Thos.   J.   Devine. 

Executive  Department 
Austin  Texas,  Jany.  31st/61. 
To  Mesrs.  Reagan,  Gray,  Rogers,  Stell  and  Devine. 

Committee  of  the  Convention. 
Gentlemen, 

The  Executive  has  had  the  honor  to  learn  at  your  hands  of  the 
passage  of  a  resolution  by  the  Convention  assembled  expressing  a 
desire  on  the  part  of  that  body  ' '  to  act  in  harmony  with  the  different 
departments  of  the  State  government"  upon  matters  touching  our 
federal  relations 

Through  the  action  of  the  Legislature  of  the  State  of  Texas,  a  co- 
ordinate department  of  the  government,  the  Executive  has  received 
official  information  that  the  Convention  assembled  has  been  recog- 
nized as  possessing  powers  within  the  scope  of  the  call  under  which 
its  delegates  were  elected,  the  same  to  be  submitted  to  a  vote  of  the 
people  at  the  ballot  box  for  their  ratification  or  rejection;  not  only 
does  this  action  on  the  part  of  the  Legislature  commend  the  Conven- 
tion io  my  consideration,  but  the  high  character  and  respectability  of 
the  delegates  composing  it,  commands  my  respect. 

I  can  assure  you,  gentlemen,  that  whatever  will  conduce  to  the  wel- 
fare of  our  people  will  have  my  warmest  and  most  fervent  wishes, 
and  when  the  voice  of  the  people  of  Texas  has  been  declared  through 
the  ballot  box,  no  citizen  will  be  more  ready  to  yield  obedience  to  its 
will  or  risk  his  all  in  its  defence  than  myself.  Their  fate  is  my  fate. 
Their  fortune  is  my  fortune.  Their  destiny  my  destiny,  be  it  pros- 
perity or  gloom,     as  of  old  I  am  with  my  country. 

For  the  courtesy  paid  me  by  the  Convention  and  for  the  kind  senti- 
ments expressed  by  the  committee  receive  my  thanks,  and  you  can 
assure  the  Convention  of  the  readiness  of  the  Executive  to  act  in  har- 
mony with  the  Convention  in  securing  an  expression  of  the  popular 
will  in  the  matter 'touching  our  federal  relations  and  that  he  will 
cheerfully  confer  with  any  committee  appointed  for  that  purpose 

Very  respectfully 

Sam  Houston. 

Mr.  Wiley  proposed  to  amend  the  ordinance  by  adding  at  the  end 
of  the  1st  section  the  following,  ''And  that  her  citizens  and  people 


48  Journal  of  the  Secession  Convention 

are  absolved  from  all  allegiance  to  the  United  States  or  the  govern- 
ment thereof" 

On  motion  the  Convention  adjourned  until  11  o'clock,  A.  M.  on 
to  morrow. 


City  of  Austin  Texas, 
Friday,  Feby.  1st  1861. 

The  Convention  met  pursuant  to  adjournment.  Roll  called,  quorum 
present,    prayer  by  the  chaplain. 

On  motion  of  Mr.  Stell  the  reading  of  the  Journal  was  dispensed 
with  for  the  present 

The  President  announced  Mesrs.  Muller,  Rhome,  Hobby,  Latham, 
Casey,  MeCraven  and  Edwards  a  committee  on  Commerce,  Revenue 
and.  Navigation 

Mesrs.  Rogers  of  Harris,  Runnels,  Ireland,  Lea,  Scurry,  Terry  of 
Tarrant  and  Burroughs  a  committee  on  Foreign  Relations. 

Mr.  Portis  offered  the  following  resolution  which  was  adopted. 

''Resolved  that  the  Governor,  Lieut.  Governor,  Judges  of  the  Su- 
preme and  District  courts  be  invited  to  seats  within  the  bar  of  the 
Convention.  [*'] 

Mr.  MeCraven  moved  that  a  committee  be  appointed  to  wait  upon 
the  Governor  and  Lieut.  Governor  and  invite  them  to  seats  within 
the  bar  of  the  Convention.    Carried. 

The  President  appointed  Mesrs.  MeCraven,  Hogg,  Coke,  Chilton 
and  Casey  said  committee. 

Mr.  Floumoy  offered  the  following  resolution  which  was  adopted. 

' '  Resolved  that  a  committee  of  five  be  appointed  by  the  President 
to  arrange  chairs  for  the  Governor,  Lieut.  Governor,  Chief  and  Asso- 
ciate Justices  of  the  Supreme  Court,  Speaker  of  the  House  of  Repre- 
sentatives and  Judges  of  the  District  and  Federal  courts.  ["] 

On  motion  of  Mr.  Runnels,  Mr.  Clopton  was  added  to  the  commit- 
tee on  Foreign  Relations  instead  of  ^^^r.  Runnels. 

The  President  appointed  Mesrs.  Flournoy,  Wiley,  Rogers  of 
Marion,  Graham  of  Rusk,  and  Maxey  a  committee  to  arrange  seats 
for  the  Supreme  Judges,  Speaker  of  the  House  of  Representatives, 
Senators  and  Representatives 

The  Governor  was  then  announced  who  received  and  accepted  an 
invitation  to  a  seat  on  the  right  of  the  President. 

The  hour  having  arrived  for  the  special  order,  viz:  the  ordinance 
of  secession  was  taken  up,  read  a  3rd  time  and  passed  by  the  follow- 
ing vote. 

Yeas,  Mesrs.  President,  Abercrombie,  Adams,  Allen,  Anderson  of 
Colorado,  Anderson  of  Cherokee,  Armstrong,  Askew,  Batte,  Beazly, 


Journal  op  the  Secession  Convention  49 

Box,  Burroughs,  Burton,  Burdett,  Black,  Blythe,  Bradshaw,  Brahan, 
Broaddus,  Brown,  Campbell,  Casey,  Wm.  Chambers,  T.  J.  Chambers, 
Chambers  of  Titus,  Charleton,  Chilton,  Chisum,  Clayton,  Clark, 
Cleveland,  Clopton,  Coke,  Cooke,  Dancy,  Davenport,  Davidson,  Dean, 
Devine,  Diamond  of  Cooke,  Diamond  of  Grayson,  Donalson,  Dunham, 
Edward,  Earley,  Fall,  Field,  Feeney,  Floumoy,  Ford  of  Caldwell, 
Ford  of  Cameron,  Frost,  Galloway,  Ganahl,  Gould,  Graham  of  Bee, 
Graham  of  Rusk,  Gray,  Green,  Gregg,  Hardeman,  Hays,  Herbert, 
Hicks,  Hill,  Hobby,  Hogg,  Holt,  Hooker,  Hord,  Howard,  Hoyle,  Hutch- 
ison, Ireland,  Jennings,  Jones,  Kelly,  Koester,  Lesueur,  Latham,  Lea, 
Lester,  Littleton,  Locke,  Lofton,  Lubbock,  Luckett,  Maltby,  Marshall, 
Maxey,  McCraw,  McCraven,  Mcintosh,  McKay,  Miller,  Mills,  Moore 
of  Burnet,  Moore  of  Fayette,  Moore  of  Henderson,  Montel,  Moss,  Mul- 
ler,  Nash,  Nauendorf,  Neel,  Nelson,  Newsome,  Neyland,  Nichols, 
Nicholson  of  Dallas,  Nicholson  of  Fannin,  Norris,  Obenchain,  Ochil- 
tree, Oldham,  Palmer,  Payne  of  Henderson,  Payne  of  Hopkins,  Peck, 
Poag,  Pope,  Portis,  Prendergast,  Preston,  Price,  Rainey,  Reagan,  Rec- 
tor, Rhome,  Robertson  of  Bell,  Robertson  of  Smith,  Robertson  of 
Washington,  Rogers  of  Harris,  Rogers  of  Marion,  Ross,  Rugeley, 
Runnels,  Scarborough,  Scott,  Scurry,  Shepard,  Smith  of  Bexar, 
Smith  of  Fannin,  St  ell,  Stewart  of  Anderson,  Stewart  of  Falls,  Stew- 
art of  Gonzales,  Stockdale,  Taylor,  Terry  of  Fort  Bend,  Terry  of 
Tarrant,  Thomasson,  Thompson,  Todd,  Waller,  Walworth,  Ward, 
Warren,  Watkins,  Wharton,  Wier,  Wilcox,  Wiley,  Williams  of  La- 
vacca,  Wilson  and  Work,  166. 

Nays,  Mesrs.  Hughes,  Johnson  of  Lamar,  Johnson  of  Titus,  Rains, 
Shuford,  Throckmorton,  Williams  of  Lamar,  and  Wright  8. 

On  motion  of  Mr.  Reagan  the  ordinance  was  ordered  to  be  en- 
grossed on  parchment  and  presented  for  the  signature  of  delegates 
at  8  o'clock,  P.  M.      ■ 

A  flag  was  then  presented  to  the  Convention  by  the  ladies  of  Travis 
county  through  Mr.  George  Flournoy,  delegate  from  Travis  county, 
and  received  by  Mr.  John  A.  Wharton  of  Brazoria  county. 

On  motion  the  Convention  adjourned  until  2  I/2  o'clock- P.  M. 

2  1/2  o'clock,  P.  M. 

The  Convention  met.     Roll  called,     quorum  present. 

On  motion  of  Mr.  Moore  of  Fayette,  Mr.  Jesse  Burnham  was  ad- 
mitted to  a  seat  within  the  bar  of  the  Convention. 

Mr.  Jennings  offered  the  following  resolution  which  was  adopted. 

''Resolved  that  the  President  of  this  Convention  without  delay 
communicate  copies  of  the  ordinance  of  secession  to  the  Governor 
and  Legislature,  and  request  their  cooperation  in  submitting  it  to  the 
people  of  Texas  for  their  concurrence  and  ratification.  [ "] 


50  Journal  of  the  Secession  Convention 

Mr.  Lea  offered  the  following  resolution  which  was  adopted. 

''Resolved  that  the  committee  on  Federal  Relations  is  instructed  to 
draft  and  report  an  ordinance  prescribing  the  mode  of  an  election 
to  be  held  for  ratification  or  rejection  of  the  ordinance  of  secession 
and  of  declaring  the  result.  ["] 

Mr.  Ochiltree  chairman  of  the  committee  for  that  purpose  intro- 
duced Genl.  Jno.  McQueen,  commissioner  from  the  State  of  South 
Carolina 

Genl.  McQueen  upon  being  introduced  to  the  Convention  said, 

**Mr.  President  and  Gentlemen  of  the  Convention.  I  have  been 
honored  with  a  commission  by  the  Convention  of  the  State  of  South 
Carolina  to  repair  to  your  State  and  lay  before  your  Convention  an 
ordinance  of  the  State  of  South  Carolina,  by  which  she  seceded  from 
the  confederacy  and  dissolved  all  connection  with  the  federal  gov- 
ernment of  the  United  States.  And  also  to  tender  to  you  the  sincere 
sympathy  of  the  people  of  South  Carolina  in  the  great  and  mo- 
mentous movement  in  which  we  are  all  engaged,  and  in  which  our 
interests  are  identical  and  our  honor  is  alike  involved.  I  am  also  in- 
structed respectfully  to  suggest  to  you,  in  the  event  of  your  seces- 
sion to  cooperate  with  us  and  other  seceding  Southern  States  in  the 
formation  of  a  confederacy  in  which  the  constitution  of  the  United 
States  is  to  be  taken  as  a  basis,  and  that  you  send  delegates  to  a  con- 
vention to  be  held  at  Montgomery  in  the  State  of  Alabama,  on  the 
4th  day  of  this  month  to  establish  a  government  for  such  seceding 
States. 

''Having  thus  been  honored  by  your  body  with  an  opportunity  of 
discharging  the  special  objects  of  my  mission,  I  shall  not  presume  to 
trespass  upon  your  patience  with  any  suggestions  of  mine  as  to  your 
duty  to  your  State.  Indeed,  had  I  no  scruples  upon  the  propriety 
of  doing  so,  I  should  certainly  decline  it  being  too  well  satisfied  that 
the  honor  and  interests  of  Texas  are  much  more  secure  in  your  own 
hands.  But  I  trust  I  may  not  be  intrusive  if  I  refer  for  a  moment 
to  the  circumstances  which  prompted  South  Carolina  in  the  act  of 
her  own  immediate  secession,  in  which  some  have  charged  a  want  of 
courtesy  and  respect  for  her  Southern  sister  States.  She  had 
not  been  disturbed  by  discord  or  conflict  in  the  recent  canvass  for 
president  or  vice-president  of  the  United  States.  She  had 
waited  for  the  result  in  the  calm  apprehension  that  the  Black 
Republican  party  would  succeed.  She  had,  within  a  year,  invited 
her  sister  Southern  States  to  a  conference  with  her  on  our 
mutual  impending  danger.  Her  legislature  was  called  in  extra 
session  to  cast  her  vote  for  president  and  vice-president,  through 
electors,  of  the  United  States  and  before  they  adjourned  the  tele- 


Journal  of  the  Secession  Convention  51 

graphic  wires  conveyed  the  intelligence  that  Lincoln  was  elected  by 
a  sectional  vote,  whose  platform  was  that  of  the  Black  Republican 
party  and  whose  policy  was  to  be  the  abolition  of  slavery  upon  this 
continent  and  the  elevation  of  our  own  slaves  to  an  equality  with 
ourselves  and  our  children,  and  coupled  with  all  this  was  the  fact 
that,  from  our  friends  in  our  sister  Southern  States,  we  were  urged 
in  the  most  earnest  terms  to  secede  at  once,  and  prepared  as  we  were, 
with  not  a  dissenting  voice  in  the  State,  South  Carolina  struck  the 
blow  and  we  are  now  satisfied  that  none  have  struck  too  soon,  for 
when  We  are  now  threatened  with  the  sword  and  the  bayonet  by  a 
Democratic  administration  for  the  exercise  of  this  high  and  inalien- 
able right,  what  might  we  meet  under  the  dominion  of  such  a  party 
and  such  a  president  as  Lincoln  and  his  minions. 

"It  is  from  under  such  dominion  that  South  Carolina  respectfully 
invites  you  to  unite  in  fprming  a  government  with  a  homogeneous 
people,  identical  in  interest  with  you,  and  whose  effort  it  will  be  to 
perpetuate  the  institutions  of  our  fathers. 

''We  are  nof  unmindful  of  your  illustrious  history  when  fresh 
from  the  fields  of  victory  and  glory  in  which  you  established  your 
own  independence  you  presented  a  spectacle  unexampled  ^n  the  his- 
tory of  the  world.  With  a  territory  sufficiently  extensive  for 
empires,  with  a  soil  rich  in  the  production  of  everything  necessary 
for  the  happiness  of  man,  and  with  a  climate  as  lovely  as  can  be  found 
on  any  spot  of  the  habitable  globe,  without  money  and  without  price, 
you  united  your  destiny  with  a  sisterhood,  whose  duty  it  was  to 
foster  and  protect  you,  and  yet  from  our  common  enemy  you  received 
in  return  but  neglect  and  insult,  and  even  arson  and  poison,  that  your 
hearthstones  might  be  violated  and  your  wives  and  little  ones  tor- 
tured and  murdered. 

' '  In  conclusion  I  will  simply  add  that  it  is  a  source  of  highest  grati- 
fication to  me,  from  what  I  have  witnessed  since  I  have  been  with 
you,  and  the  intelligence  and  spirit  in  your  honorable  body,  to  be  able 
to  report  on  my  return  to  South  Carolina,  and  on  the  wayside, 
through  six  now  independent,  sovereign,  Southern  States,  that  your 
own  noble  State  of  Texas,  in  her  own  way,  and  at  her  own  time  will 
very  soon  be  added  to  their  number,  and  ready  to  unite  with  them  in 
a  Southern  Confederacy,  to  perpetuate  the  institutions  of  our  an- 
cestry, who  transmitted  them  to  us,  that  we  should  have  in  them  but 
an  usufruct,  and  transmit  them,  untarnished,  to  our  posterity. 

''Allow  me  again  Mr.  President  and  Gentlemen  of  the  Convention, 
to  tender  you  my  sincere  thanks  and  gratitude  for  the  honor  you 
have  bestowed  upon  me,  and  the  kindness  you  have  extended  to  me 
both  publicly  and  privately  since  I  have  had  the  pleasure  of  asso- 
ciating with  you  and  to  assure  you  that  they  will  most  kindly  be 


52  Journal  of  the  Secession  Convention 

remembered  by  me  and  I  am  sure  appreciated  by  the  State  I  repre- 
sent/' 

On  motion  of  Mr.  Reagan  the  commission  and  accompanying  docu- 
ments of  the  commissioner  from  South  Carolina  were  ordered  to  be 
filed  with  the  papers  of  the  Convention,  and  on  motion  of  Mr.  Chilton 
referred  to  the  committee  on  Business. 

Mr.  Campbell  offered  the  following  preamble  and  resolutions, 
which  were  referred  to  the  committee  on  Public  Safety. 

' '  Whereas  there  is  reason  to  believe  that  the  State  of  Louisiana  has 
in  her  charge  and  under  her  control  a  large  supply  of  arms  not  nec- 
essary to  her  own  immediate  wants,  therefore, 

''Be  it  resolved  that  a  commissioner  be  appointed  and  commissioned 
by  the  President  of  this  Convention  to  repair  to  the  State  of  Louisi- 
ana and  in  behalf  of  this  State  solicit  of  the  governor  of  the  State  of 
Louisiana  the  use  of  such  arms  and  munitions  as  he  may  consider  it 
convenient  and  adapted  to  the  requirements  of  the  present  emergen- 
cies in  which  we  are  placed. 

"Be  it  further  resolved  that  the  commissioner  be  also  instructed 
to  solicit  of  the  governor  of  said  State  of  Louisiana  the  piece  of  ai*- 
tillery  surrendered  by  the  Santa  Fe  expedition  and  recaptured  near 
the  city  of  Mexico  by  the  American  forces,  which  piece  of  artillery 
this  State  desires  to  reclaim  as  a  memorial  of  an  unfortunate  but 
commendable  enterprize. ' ' 

Mr.  Neyland  offered  the  following  resolution  which  on  motion  was 
laid  on  the  table. 

''Resolved  that  this  Convention  will  adjourn  to  morrow  night  at 
12  o'clock,  and  that  a  new  convention  consisting  of  ninety  members, 
one  for  each  representative  district  in  the  lower  house  of  the  State 
legislature,  be  elected  on  the  23rd  day  of  Feby.  next,  to  assemble 
at  the  City  of  Austin  on  the  2nd  day  of  March,  1861.  ["] 

Mr.  Ireland  offered  the  following  resolution  which  on  motion  was 
referred  the  committee  on  Public  Safety. 

"Resolved  that  it  is  the  opinion  of  this  Convention  that  the  troops 
now  in  the  service  of  the  United  States  in  Texas  should  be  mustered 
into  the  service  of  the  State  of  Texas  for  the  time  being.  ["] 

Mr.  Herbert  offered  the  following  resolution  which  was  referred  to 
the  committee  on  Commerce 

"Resolved  that  from  and  after  the  passage  of  the  ordinance  of 
secession  upon  the  part  of  this  State,  it  shall  be  the  duty  of  all  per- 
sons holding  offices  for  the  collection  of  revenue  under  the  Federal 
Government  in  this  State  to  be  installed  as  officers  of  the  State  of 
Texas,  and  make  their  returns  to  the  treasurer  of  the  State  of 
Texas.  ["] 


Journal  of  the  Secession  Convention  53 

Mr.  Anderson  of  Cherokee  introduced  "An  ordinance  providing 
for  State  officers  continuing  in  office  until  otherwise  provided.  ["] 
Read  1st  time  and  referred  to  the  committee  on  Business. 

Mr.  McKay  offered  the  following  resolution  which  was  referred  to 
the  committee  on  Federal  Relations. 

"Resolved  that  all  federal  officers  in  this  State  are  requested  to 
resign,  except  post  masters" 

Mr.  Muller  moved  that  a  committee  of  five  be  appointed  on  Postal 
Affairs.     Carried. 

Mr.  Stewart  of  Gonzales  offered  the  following  resolution  which 
was  adopted. 

"Resolved  that  the  Convention  expresses  its  deep  sorrow  for  the 
serious  illness  of  the  Hon.  J.  C.  Wilson  which  has  prevented  his  at- 
tendance on  the  Convention  to  which  he  had  been  elected  as  a  dele- 
gate, and  we  place  upon  our  Journals  our  acknowledgments  of  his 
di>tinguished  service  in  behalf  of  the  great  Southern  cause.  And  the 
Secretary  is  requested  to  furnish  him  w^ith  a  copy  of  this  resolu- 
tion. ["]^ 

Mr.  Chilton  introduced  a  resolution  relative  to  the  rendition  -of 
fugitives  from  Mexico  Read  1st  time  and  referred  to  the  committee 
on  Federal  Relations 

Mr.  Brown  offered  the  following  resolution  which  was  adopted. 

"Resolved  that  a  committee  of  five  be  appointed  to  prepare  and 
report  for  the  consideration  of  the  Convention  an  address  setting 
forth  the  causes  which  impel  Texas  to  secede  from  the  Federal 
Union.  ["] 

Mr.  Locke  offered  the  following  resolution  which  wa^  referred  to 
the  committee  on  Business. 

"Resolved  that  it  is  the  sense  of  this  Convention  that  there  should 
be  an  article  incorporated  into  the  constitution  of  the  Southern  Con- 
federacy to  be  formed  at  Montgomery,  Alabama,  that  will  prohibit 
any  State  therein  from  abolishing  slavery.  [ "] 

Mr.  Chilton  offered  the  following  resolution  which  was  referred  to 
the  committee  on  Finance 

"Resolved  that  the  Legislature  of  the  State  be,  and  is  requested 
to  appropriate  out  of  such  monies  not  otherwise  appropriated  the 
sum  of  two  thousand  five  hundred  dollars,  or  so  much  thereof  as 
may  be  necessary  for  the  contingent  expenses  of  this  Convention, 
and  that  the  Treasurer  be  required  by  law  to  pay  out  the  same  upon 
the  order  of  the  President  of  this  Convention.  [ "] 

On  motion,  Mesrs.  Diamond  of  Cooke,  Robertson  of  Bell  and  Gra- 
ham of  Rusk  were  added  respectively  to  the  committees  of  Public 
Safety,  Finance  and  Commerce. 

By  request  Mesrs.  Reagan  and  Scurry  addressed  the  Convention. 


54  Journal  of  the  Secession  Convention 

The  President  announced  Mesrs.  Muller,  Davidson,  Stell,  Ward 
and  Davenport  a  committee  on  Postal  Affairs. 

On  motion  the  Convention  adjourned  until  7  %  o'clock  P.  M. 

Feby.  1st  1861.    7  1/2  o'clock,  P.  M. 

The  Convention  met.     Roll  called,     quorum  present. 

Mr.  Wharton  offered  the  following  resolution  which  was  adopted. 

''Resolved  that  Edwin  Waller,  the  only  signer  of  the  Texan  decla- 
ration of  independence  present  as  a  delegate  to  this  Convention,  be 
honored  by  permission  to  sign  the  ordinance  of  secession  next  after 
the  President,  and  that  he  be  invited  to  a  seat  by  the  side  of  the  Pres- 
ident of  the  Convention  during  this  evening's  session. ["] 

Mr.  Nat  Terry  offered  the  following  resolution  which  was  referred 
to  the  committee  on  Public  Safety. 

''Resolved  by  the  Convention  that  five  military  commissioners  be 
elected  by  this  Convention  whose  appointment  shall  continue  as  long 
as  the  emergency  lasts,  or  they  shall  be  superseded  by  the  appoint- 
ment of  others,  who  when  elected  shall  constitute  a  permanent  mili- 
tary board  with  full  discretionary  powers  on  all  subjects  rightfully 
appertaining  to  military  affairs.  ["] 

Mr.  Adams  presented  a  communication  from  the  Dallas  Light  Ar- 
tillery tendering  their  services  to  the  Convention,  which  was  referred 
to  the  committee  on  Public  Safety. 

Mr.  Hughes  offered  the  following  resolution  which  was  referred 
to  the  committee  on  Resolutions. 

"Resolved  that  the  chief  justice  of  each  county  in  the  State,  or 
in  the  event  of  his  failure  or  refusal  so  to  do,  then  any  one  or  more 
of  the  county  commissioners,  shall  order  an  election  of  delegates  to 
be  held  upon  the  23rd  day  of  February  A.  D.  1861,  in  such  counties 
as  may  compose  a  representative  district  not  already  represented  by 
delegates  upon  this  floor,  under  such  rules  and  provisions  as  may 
have  heretofore  been  prescribed  for  county  elections  by  the  statutes 
of  the  State  of  Texas. 

"Resolved  further  that  if  any  vacancy  should  occur  by  death  or 
resignation  of  any  of  the  members  of  this  body  before  said  23rd  day 
of  February  the  same  regulations  shall  be  observed.  ["] 

The  Convention  then  proceeded  to  sign  the  ordinance  of  seces- 
sion, under  the  motion  of  Mr.  Reagan  submitted  this  morning,  which 
was  done  by  the  members  signing  as  their  names  were  called  from  the 
roll,  when  the  following  members  signed  the  ordinance  to  wit : 

O.  M.  Roberts,  Presdt.®  W.  S.  J.  Adams 

Edwin  Waller  W.  A.  Allen 

L.  A.  Abercrombie  James  M.  Anderson  of  Cherokee 


Journal  OF  the  Secession  Convention 


55 


T.  S.  Anderson 

James  R.  Armstrong 

Kich.  L.  Askew 

Wm.  C.  Batte 

S.  W.  Beasley 

John  Box 

Jas.  M.  Burroughs 

John  I.  Burton 

S.  E.  Black 

W  T  Blythe 

Amzi  Bradshaw 

Robert  Weakley  Brahan 

A.  S.  Broaddus 

Jno.  Henry  Brown 

Robert  C.  Campbell 

Lewis  F.  Casey 

"Wm.  Chambers 

T.  J.  Chambers  Chairman  of  the 
Committee  on  Federal  Rela- 
tions 

John  Green  Chambers 

N.  B.  Charlton 

Geo.  W.  Chilton 

Isham  Chisum 

William  Clark,  Jr 

J.  A.  Clayton 

Charles  Leander  Cleveland 

A.  G.  Clopton 

Richd  Coke 

James  E,  Cook 

Jon  W.  Dancy 

Thos.  "G.  Davenport 

A.  H.  Davidson 

C.  Deen 

Thos.  J.  Devine 

Jas.  J.  Diamond 

Wm.  W.  Diamond 

Jno.  Donelson 

Joseph  H.  Dunham 

H.  H.  Edwards 


Elbert  Early 
Jno.  N.  Fall 
Drury  Field 
John  H.  Feeney 
George  Floumoy 
Spencer  Ford 
John  S.  Ford 
'Thomas  C.  Frost 
Amos  P.  Gallaway 
Charles  Ganahl 
Robert  S.  Gould 
Robert  Graham 
Malcom  D.  Graham 
Peter  W.  Gray 
Jno.  A.  Green 
John  Gregg 
Wm.  P.  Hardeman 
John  R.  Hayes 
Philemon  T.  Herbert 
A.  W.  0.  Hicks 
Thos.  B.  J.  Hill 
Alfred  M.  Hobby 
Jos.  L.  Hogg 
J.  J.  Holt 
James  Hooker 
Edward  R.  Hord 
Russell  Howard 
A.  Clark  Hoyl 
Thos.  P.  Hughes 
J.  W.  Hutcheson 
Jno.  Ireland 
Thos.  J.  Jennings 
F.  Jones 
William  C.  Kelly 
Th.  Koester 
C.  M.  Lesueur 
F.  W.  Latham 
Pryor  Lea 
James  S.  Lester 
John  Littleton 


•The  spelling  and  arrangement  of  the  original  signatures  attached  to  the 
engrossed  ordinance  of  secession  have  been  followed.  The  ordinance  of 
secession  is  engrossed  on  a  sheet  of  parchment  29  x  25  inches.  The  lower 
three-fifths  of  the  sheet  is  filled  with  the  signatures,  which  are  arranged  in 
six  columns. 


m 


Journal  or  THE  Secession  Convention 


M.  F.  Locke 
Oliver  Loftin 
Thos.  Sallus  Lubbock 
P.  N.  Luckett 
Henry  A.  Maltby 
Jesse  Marshall 
James  M.  Maxey 
Wm.  McCraven 
Thomas  M.  McCraw 
Wm.  Mcintosh 
Gilchrist  McKay 
Wm.  Goodloe  Miller 
Albert  N.  Mills 
Thomas  Moore 
Thos.  C.  Moore 
Lewis  W.  Moore 
Charles  de  Montel 
B.  F.  Moss 
John  Muller 
Thos.  J.  Nash 
A.  Nauendorf 
T.  C.  Neel  . 
Allison  Nelson 
James  F.  Newsom 
W.  M.  Neyland 
E.  B.  Nichols 

E.  P.  Nicholson 
A.  Gr.  Nicholson 
James  M.  Norris 
Alfred  T.  Obenchain 
W.  B.  Ochiltree 

W.  S.  Oldham 
R.  J.  Palmer 
W.  M.  Payne 
W.  K.  Payne 
William  M.  Peck 
W.  R.  Poag 
Alexander  Pope 
David  Y.  Portis 
D.  M.  Prendergast 
Walter  F.  Preston 

F.  P.  Price 


A.  T.  Rainey 
John  H.  Reagan 
C.  Rector 

P.  G.  Rhome 

E.  Sterling  C.  Robertson 

John  C.  Robertson  (of  Smith) 

J.  B.  Robertson  of  Independence 

William  Peleg  Rogers 

James  Harrison  Rogers 

Edward  M.  Ross 

Jno.  Rugeley 

H.   R.   Runnels 

E.  B.  Scarborough 
William  T.  Scott 
William  Read  Scurry 
James  E.  Shepard 
Sam  S.  Smith 
Gideon  Smith 

John  D.  Stell 
Jno  G.  Stuart  of  Anderson 
Charles  Stewart  of  Falls 
William  H.  Stewart  of  Gonzales 

F.  S.  Stockdale  of  Calhoun 

B.  F.  Terry  of  Fort  Bend 
Nathl  Terry,  Tarrant  Co. 
E.  Thomason 

James  G.  Thompson 
W.  S.  Todd 
Jas.  Walworth 
R.  H.  Ward 
William  Warren 
Jas.  C.  Watkins 
Jno.  A.  Wharton 
Joseph  P.  Wier 
Jno.  A.  Wilcox 
A.  P.  Wiley  of  Walker 
Ben  Williams  of  Lavaca 
Jason  Wilson 
Philip  A.  Work 
Henry  Newton  Burditt' 
P.  Taylor^ 
Edward  Dougherty^ 


'These  three  names  are  Included  with  those  signed  February  1,  but  they 
stand  at  the  end  of  the  list.  In  the  printed  lists  and  in  the  Journal  they 
are  located  where  an  alphabetical  arrangement  would  place  them.  The  Jour- 
nal shows  that  Mr.  Dougherty  signed  February  4th. 


JOUKNAL  OF  THE  SECESSION  CONVENTION  57 


Attest  (4) 

E.  T.  Brownrigg 

Sec'y  to  the  Convention  i^l  Z'  ^'^^"^'^^ 

Wm.  Dunn  Schoolfield  ^"^^  ^^'^"^ . 

Asst  Secy  ^^^"'  ^'  ^^™^^ 
R.  W.  Lunday  (5) 

Asst  Secy  Noah  Cox 

March  2nd  1861.«  Chas.  A.  Russell 

(1)  T.  J.  Word 
J.  A.  Chambers  of  Red  River 

Eli.  H.  Baxter,  Jr  (6) 

(2)  D  M  Stapp 

M.  J.  Hall  Geo.  H.  Bagby 

William  Nash  W.  Hunt 

(3)  Tignal  W.  Jones 
W.  A.  Montgomery  W.  A.  Mattox 
J.  L.  L.  McCall  Sam  A.  Willson 

Mr.  Nicholson  of  Dallas  offered  the  following  resolution  which  was 
adopted. 

''Whereas  the  Convention  having  just  finished  the  important  duty 
of  signing  the  ordinance  of  secession  it  is  highly  proper  and  appro- 
priate to  invoke  the  blessings  of  the  Great  Jehovah  upon  us  as  a  sov- 
ereign people,  therefore  resolved  that  the  Rt.  Revd.  Alexander 
Gregg  be  invited  to  the  stand  for  this  purpose.  ["] 

Mr.  Davidson  offered  the  following  resolution  which  on  motion  of 
Mr.  Ochiltree  was  laid  on  *the  table. 

''Resolved  that  the  committer  on  Resolutions  be  instructed  to  in- 
quire into  the  expediency  of  repealing  so  much  of  the  33rd  Section 
of  the  7th  Article  of  the  constitution  as  provides  that  the  aggregate 
amount  of  debts  contracted  by  the  legislature  shall  never  exceed 
the  sum  of  one  hundred  thousand  dollars  and  to  report  T)y  resolution 
or  otherwise  at  their  earliest  convenience.  [ "] 

Mr.  Wiley  offered  the  following  resolution  which  was  adopted. 

"Resolved  that  5000  copies  of  the  ordinance  of  secession  with  the 
signatures  of  the  members  be  printed  and  circulated  among  the  peo- 
ple of  the  State.  [ "] 

On  motion  of  Mr.  Robertson  of  Smith  the  Convention  went  into 
secret  session. 

•The  delegates  whose  names  follow  this  date  served  only  during  the  ad- 
journed session  of  the  Convention.  They  signed  the  ordinance  on  or  after 
March  2nd.  The  signatures  appear  at  the  bottom  of  the  columns  of  signatures 
indicated  by  the  numbers  in  parenthesis.  By  examining  the  certificates  of 
election  it  will  be  seen  that  several  of  the  delegates,  elected  to  fill  vacancies, 
signed  the  ordinance,  although  their  predecessors  had  signed  before  resigning. 


